QUESTION
What can I do if I was subpoenaed witness to a minor assault case?
Asked on Apr 16th, 2014 on Criminal Law - Nevada
More details to this question:
I was a witness to a minor assault. The case was settled and the charges were dropped over a month ago. I did not have to go during that time. I was subpoenaed recently but not personally nor confirmed with the D.A. Does this mean they're trying to get something on the defendant and would I get into trouble for not going?
5 ANSWERS
Michael J. Breczinski
If you do not go then you can be put in jail. GO.
Answered on Apr 23rd, 2014 at 6:28 AM
Jacob P. Sartz
Generally speaking, if a witness receives a subpoena, and if they fail to appear as requested, they could potentially be held in "contempt-of-court" with a bench warrant issued for their arrest. However, a warrant would only be issued if the subpoena was properly requested and entered pursuant to the applicable court-rules. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer.
Answered on Apr 18th, 2014 at 3:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the case was adjudicated or dropped you should be able to call the DA and ascertain that fact, and be notified in writing that the subpoena has been voided.
Answered on Apr 18th, 2014 at 12:22 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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In California, you are only obligated to comply with a subpoena if you have been personally served.
Answered on Apr 18th, 2014 at 12:18 PM
James Edward Smith
You need to respond to a subpoena either by showing up or filing a motion for a protective order.
Answered on Apr 18th, 2014 at 12:16 PM