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In Miami-Dade County, Florida can a victim be served a subpoena by mail?

Miami, FL |

I do not want to testify. I am the alleged victim of a 1st time misdemeanor domestic battery case that has just been set for mandatory trial. Does the state attorney have to serve me in person in order for me to be required to show up to court?

Attorney Answers 1

  1. FL Statute 48.031 Allows for a witness subpoena to be mailed in misdemeanor and felony cases but, unless it is sent certified mail and signed for, may not be used as the basis for a contempt charge. The subpoena must be mailed 7 days prior to the hearing. Service of a subpoena may also be posted 5 days prior to the hearing, if there have been three separate attempts at service at different times of the day or night. Please consult a local Criminal Defense attorney to discuss the specifics of your case in greater detail. Good luck.

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