QUESTION
If I never actually receive a subpoena can a warrant be issued for failure to appear?
Asked on Jan 21st, 2015 on Criminal Law - Indiana
More details to this question:
This happened in Indiana. My wife and I witnessed a fight in our apartment but we are out of town working and cannot make the court date. If we were not actually served can a warrant still be issued? The police told my neighbor that if I didn't make it I would go to jail.
1 ANSWER
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
A warrant can only be issued for FTA if you were served. However, they can complete service in other ways than personally handing you a piece of paper. They can leave the subpoena at your home and that is good enough, even if the officer never actually sees you. Since the officer talked to your neighbor, I guess that happened while they were leaving a subpoena for you, and that means you have to be there.
Answered on Jan 21st, 2015 at 12:57 PM