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I got a subpoena in the mail to be a witness. Can they lock me up for my warrents?

Houston, TX |
Filed under: Criminal defense

I have traffic violations!

Attorney Answers 3


If you received a subpoena in the mail, you were not properly served and do not have to appear at court. A subpoena has to be hand-delivered to you directly. If the State is trying to get you to court, they are not going to arrest you for ticket warrants. If the defense issued the subpoena, the State may take you in on the warrants but it is unlikely.

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Cynthia Russell Henley

Cynthia Russell Henley


This is not correct. Chapter 24 provides for the service of subpoenas: (a) A subpoena is served by: (1) reading the subpoena in the hearing of the witness; (2) delivering a copy of the subpoena to the witness; (3) electronically transmitting a copy of the subpoena, acknowledgment of receipt requested, to the last known electronic address of the witness; or (4) mailing a copy of the subpoena by certified mail, return receipt requested, to the last known address of the witness unless: (A) the applicant for the subpoena requests in writing that the subpoena not be served by certified mail; or (B) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed.


Yes, you can be arrested if they look up your criminal history and find you have traffic warrants.

If you received the subpoena by certified mail, you have been properly subpoenaed and you must appear or be subject to being picked up. (If you just received it by regular mail and do not appear, the party who issued it will most likely have you personally served next time....)

Cynthia Henley

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It is very unlikely you will be arrested for traffic warrants upon appearing in Court but it couldn't hurt to get an attorney on board and get the warrants resolved ASAP.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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