QUESTION

If my son and I have been subpoenaed by the defense as witnesses in a domestic violence case what happens if we do not appear in court?

Asked on Aug 07th, 2014 on Criminal Law - Oklahoma
More details to this question:
My son and I have been subpoenaed by the defense as witnesses in a domestic violence case. My question what happens if we do not appear in court? The date was set back once. We were sent new subpoenas via registered mail for the new court date but did not pick them up from the post office. Since the subpoenas for the current court date were not hand delivered can we still be held in contempt for failure to appear?
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1 ANSWER

You indicate it is the defense which wishes you to appear and not the state. It would be rare for the state to seek to hold a witness in contempt on failing to appear, and even more rare for the defense to do so. Further, if someone mailed something which you did not receive, which is different than being presented an item and refusing to sign for that item, there is an argument you have not been served at all for the new hearing. There is also the question of why the defense is calling you. A person's liberty is at stake. If you have truthful information that weighs in favor of the defense, not appearing provides an unfair advantage to the government, which already has the advantage of greater resources and greater reputation and greater leverage. I leave you with the thought of there is that which one must do, and that which one should do. Please do that which should be done, even if you feel you are not forced to appear.
Answered on Aug 11th, 2014 at 10:09 AM

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