A man broke into my house several months ago in Milton Georgia. He's being charged with Simple Assault and intrusion. We had not received any information on a court date until we received the Subpoena. I am currently in New York visiting my eldest son when I got a call from my brother, who lives in North Carolina. He received a Subpoena, on Thursday, in the mail informing him that he needed to appear in court on Monday. I called my Husband who checked the mail and informed me that we have one demanding our attendance as well. My return flight isn't until Monday afternoon and would prevent me from making the court date. Is their legally anything working in my favor?
Many times prosectors send out "on call subpoenas" which do not require you to appear on the first day of the trial week but rather require that you be available for court if called one day during the trial week. Additionally, unless the subpoena is served on you in person or sent to you by certiifed mail, it is not enforceable. Just call the prosecutor who is assigned to your case or the victim advocate and tell them when you will be returning to Atlanta.
I would advise you to give the Clerk of Court's office a call and inform them of your situation. Ask them if there is anyway to get a continuance or ask them what you should do. At least you will know exactly what your options are.
This response does not create an attorney client relationship nor should the advice be relied upon because it is not specific to your legal situation. Before you depend on legal advice, you should retain competent counsel.
You or your hubby should contact the office of the attorneys who made the subpoena. Their phone number and name ought to be on it. Its probably the prosecutors office. Call first thing Monday Morning and let them know your contact information and your situation. Ask them if you can be placed "on call". That ought to solve the problem.
They will want to work with you. And don't worry about going to jail for not being there Monday. Service out-of-state is not proper, and service on you is not proper. Sadly, your situation is not that uncommon.
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
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