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I received a subpoena do I have to go?

Jamaica, NY |

I (victim) received a subpoena and my mom did as well but she isn't a witness of anything. I don't want to go because I don't want to testify against him and I don't want to press charges on him. Can I ignore it and what will happen? If its mandatory and I go what should I say? do I have the right not to say anything at all and do I have the right to not press charges on him? Why does my mom have to go?

the subpoena was bought to me by a social worker when I wasn't home.

Attorney Answers 2


  1. How was it served? If it was legally served you have to go. If fyou fail to go the DA can get a material witness order and have you arrested and brought to court for the purpose of setting bail to ensure you appear in court.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. If it wasn't served on you personally, then you can't be held in contempt.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.