I was giving a subpoena litteraly none at night and was told to be at court the morning. I called the a.d.a and told her I couldn't make it in such short notice due to childcare . she then left voicemail and gave me a different date . legally if I wasn't handed another paper with different date am I obligated to show up
Legally, if you don't show up on the first date, the court can issue a warrant for your arrest and force you to come to court. The ADA is allowing you to come at a different time, but it doesn't excuse the requirements of the subpoena in the first place. You may have a technical argument, but you won't even be able to present that until AFTER the court has already issued a capias warrant for your arrest and you are brought to court.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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