What canI do if the cops served the wrong person with a subpoena and I missed the court date?
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What canI do if the cops served the wrong person with a subpoena and I missed the court date?
The cops served my parents a subpoena for me to go to court. I used to live at home but I don’t now; I am 21. My parents did not tell me of the subpoena until after the court date. My friend heard that I have a warrant for my arrest for failure to show up at the court. Can the cops do this and if not, then what can I do?
Asked on November 26, 2011 under Criminal Law, Illinois
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the police had a reasonable belief you still lived at home and the warrant was issued to that location for you to be served, then it is a possibility the subpoena will stand but you might be able to challenge it. Contact a lawyer and find out a) if there is a bench warrant issued for your arrest and b) if the police had the ability to know exactly where you lived but chose to or accidentally used an old address. If it is challenged successfully, you need to make sure this record is erased from your record.
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