QUESTION
Can you be arrested for not showing up when subpoenaed?
Asked on Nov 12th, 2012 on Criminal Law - Michigan
More details to this question:
My boyfriend and I got into a fight and he was arrested. Later after he was let out of jail he called a wrecking yard and had them take my car. He acted like he did not know what happened, even though he admitted to signing the car away. Because I did not know what happened to my car I filed a stolen car report. The police found my car at the wrecking yard which is when it came out that he signed the car over. The DA is pressing charges, and he is going to trial in December for grand theft auto. The DA has subpoenaed me but I understand that he was mad that I had him arrested. It was a stupid escalation situation. I do not want to testify against him. What would happened to me if I did not show up in court for the trial now that I have been subpoenaed? I do not want to testify, and I wouldn't lie, but I also don't want him to go to jail for a fight that got out of hand.
13 ANSWERS
John J. Carney
You should retain an attorney to see if you can take the Fifth Amendment avoid testifying if you could incriminate yourself by testifying. You should ask a lawyer since you could get in trouble if you fail to appear or commit perjury.
Answered on Nov 16th, 2012 at 2:50 AM
Thomas Edward Gates
Yes you can be arrested. A subpoena is a court order for you to come to the court to be heard. Failing to do so will result in a bench warrant being issued for your arrest.
Answered on Nov 14th, 2012 at 6:47 AM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Where does one find DA's like this in what parish? You court be held in contempt of court for failing to appear, once they found you , but chances are you would not ....unless some extremely conservative judge would pursue you , and there are some of those around ... abuse of power.... no balance .... mostly practiced by people who obtain judge position by some flawed procedure a lawyer who knows the attitude of the judge and the DA ( by experience) can advise you better that I can.
Answered on Nov 14th, 2012 at 6:37 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If you do not show up for court, he can still lose. The state attorney will have someone else say what you told the cops, and he can still lose. You have to show up. Most cases do not go to trial. If you do not show up for court, you can be arrested and held without bail.
Answered on Nov 14th, 2012 at 5:11 AM
Gary Moore
Good guess.
Answered on Nov 14th, 2012 at 4:03 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I appreciate your dilemma, but you must remember that a subpoena is a court order, ordering you to appear in court as indicated. If you do not appear on the date of the subpoena, the D.A. will most likely request a "body attachment", which is similar to a bench warrant, which the judge will grant. You will be arrested and brought to court, most likely in handcuffs, to explain to the judge why you did not appear as ordered. You can be held in contempt and ordered to pay a fine. Some jail time is also possible. If you are arrested on a Friday, you will not be brought to court until court opens on Monday and will spend the weekend in jail. There will most likely be no bail. Under no circumstances should you ignore the subpoena. If you want, you can talk to the D.A. and explain the him/her why you do not want to testify. However, be advised that the D.A. may not care.
Answered on Nov 14th, 2012 at 2:57 AM
Absolutely. Otherwise who would bother showing up?
Answered on Nov 14th, 2012 at 2:56 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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If you have been served with a subpoena, then you can be arrested for disobeying the subpoena.
Answered on Nov 12th, 2012 at 10:18 PM
Michael J. Breczinski
You have to go testify. If you do not go to the court and obey the subpoena then you will be put in jail.? You can be put in jail for disobeying a subpoena.
Answered on Nov 12th, 2012 at 10:17 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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The DA can get a material witness order which allows the police to arrest you for the purposes of bringing you before a Judge to set bail in order to ensure you appear in court to testify.
Answered on Nov 12th, 2012 at 10:15 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you do not show in response to a subpoena, the DA could have the court issue a material witness warrant and have the police pick you up and bring you to court to testify. If you are not truthful in your testimony and it conflicts with the initial statement you gave the police, you could be charged with filing a false police report or perjury.
Answered on Nov 12th, 2012 at 10:15 PM
Dennis P. Mikko
If you are properly subpoenaed and fail to appear, you could be found in contempt of court. This could result in you spending time in jail.
Answered on Nov 12th, 2012 at 10:14 PM