can you avoid going to court if issued a subpoena?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
can you avoid going to court if issued a subpoena?
The DA issued a subpoena to my wife for a case involving our grandson. We would have to travel 400 – 500 miles and stay in a hotel just to attend court. Is there a way for her to avoid going to court?
Asked on August 20, 2019 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Assuming proper service, the law is that once a subpoena is issued it compels the person who was served to comply with it. It is an order from the court to appear, so failure to comply with it is a criminal matter for which there are penalties, including fines and jail time. At this time, you can consult with directly with a local attorney who can bet advise you further; possibly there is a way to get the subpeona "quashed" (i.e. getting it voided) but this too has its costs.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Assuming proper service, the law is that once a subpoena is issued it compels the person who was served to comply with it. It is an order from the court to appear, so failure to comply with it is a criminal matter for which there are penalties, including fines and jail time. At this time, you can consult with directly with a local attorney who can bet advise you further; possibly there is a way to get the subpeona "quashed" (i.e. getting it voided) but this too has its costs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.