I have graduated and moved 4 hours away but still in NY. No job yet. Do I have to appear? if so, who pays for travel and the two day stay?
If you received a subpoena, you have to appear. If you don't, you could be held in contempt.
If it's a criminal case and it's a prosecution subpoena, they will pay.
If it's a criminal defense subpoena, the defense can pay.
In a civil case. the calling party should pay.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
If you were properly (emphasis on properly) served with a subpoena you must appear. Failure to appear can lead to contempt charges being brought against you and a material witness warrant being issued. The cost of appearing is borne by the party issuing the subpoena.
I agree with the answers given by the other two attorneys. Additionally, you should call the party that sent you the subpoena to explain your situation.
I agree that you must appear if properly served. Usually, this means that the subpoena was personally served. Mail or fax is not good service. If properly served, you're best bet is to call the issuing lawyer and ask what arrangements can be made. Given that most cases do not get tried, there is a chance that you will be told not to come. If so, make sure you get it in writing!
It depends on how you were served. But of you were properly served then yes you need to appear. The easiest thing to do is contact the party who served you and explain your situation. When you tell them your travel situation and ask them to arrange transportation, they may decide they no longer need your testimony.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
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