Court Subpoena, do I have to go? advice?
11-30-2005, 11:37 AM
#1
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Court Subpoena, do I have to go? advice? I got this in the mail (below), it came first class, so I didn't have to sign, nobody served me, just regular old mail, I haven't called yet, I am supposed to be out of town on the day it said, any ideas on how I can get out of it. (NOTE: I deleted my info and the case no, just thought I should.) And advice would be great, all I need is a officer showing up at my work arresting me because I didn't show and I am the witness, not the charged!
11-30-2005, 11:52 AM
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IMO, the first thing you should do is hire an attorney. He can get it reset to another time, not to mention represent you and look out for your best interests. If you don't want to hire an attorney I would call the court and tell them you are not available on the scheduled date. I think you can reset it once. Good luck.
11-30-2005, 12:25 PM
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Call the DA and ask him what to do. Unless the person being charged has done this before, they will deal it down and you won't have to show. I've done this like 10+ times. Definately call the DA though.
11-30-2005, 12:38 PM
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Originally Posted by Ben R
Call the DA and ask him what to do. Unless the person being charged has done this before, they will deal it down and you won't have to show. I've done this like 10+ times. Definately call the DA though.
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11-30-2005, 01:05 PM
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How can they prove that you ever recieved the subpoena.
They mail hundreds and hundreds of those almost every week to all harrris county residents. Too many to enforce the law on not showing up.
They mail hundreds and hundreds of those almost every week to all harrris county residents. Too many to enforce the law on not showing up.
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11-30-2005, 01:21 PM
#8
Originally Posted by RGVWS6
Just say you never got it, and enjoy your trip.
Wrong. Federal law says something about "the mail is considered delivered unless it is returned to sender". Or something of that nature.
11-30-2005, 01:35 PM
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Originally Posted by Josh McGrath
Wrong. Federal law says something about "the mail is considered delivered unless it is returned to sender". Or something of that nature.
Yada Yada, but its highly unlikely that they ever enforce that. Especially in Harris County or other large counties.
11-30-2005, 02:11 PM
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Unless the case is very important to somebody, they won't arrest you for not showing. There is a 90% chance the case will be dealt down and you won't have to go. Just call the DA.
11-30-2005, 02:58 PM
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If it's anything like Illinois.. If you don't show, they will eventually put a warrant out for your arrest!! Get an attorney and have him stir you in the right direction. You need one to represent you anyway. You surely don't want a public defender to represent you!!!! Hope this helps!!!
11-30-2005, 03:33 PM
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Originally Posted by Honboy1
If it's anything like Illinois.. If you don't show, they will eventually put a warrant out for your arrest!! Get an attorney and have him stir you in the right direction. You need one to represent you anyway. You surely don't want a public defender to represent you!!!! Hope this helps!!!
11-30-2005, 06:35 PM
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since they don't send it by certified mail there is no proof that you recieved it and it could have been lost in the mail. I live in Harris county and a few weeks ago my dad just forgot to go and nobody has said a thing.
i guess this is kinda usless now cuz you called them but o well.
i guess this is kinda usless now cuz you called them but o well.
11-30-2005, 07:20 PM
#15
since they don't send it by certified mail there is no proof that you recieved it and it could have been lost in the mail. I live in Harris county and a few weeks ago my dad just forgot to go and nobody has said a thing.
i guess this is kinda usless now cuz you called them but o well.
i guess this is kinda usless now cuz you called them but o well.
11-30-2005, 07:41 PM
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Originally Posted by orion565
..... all I need is a officer showing up at my work arresting me because I didn't show and I am the witness, not the charged!
First post in the thread
edit.....i think it'd be better to call than not. the law typically errs on the side of "you probably received it". better safe than sorry. at least with a subpoena. tickets are another story
Last edited by cyphur_traq; 11-30-2005 at 07:47 PM.
11-30-2005, 10:47 PM
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Call the DA tell them you are sorry but you will be out of town... if they really want you they will reschedule. If he threatens you tell him that you will appear if hes an *** with a sudden case of the "I dont recall what your talking about"
