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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27293
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Complicated story. Try to just ask the end question. If

Customer Question

Complicated story. Try to just ask the end question. If a defense attorney calls you and tells you that he is going to require you to testify at his client's trial and will be subpoened, how much weight does that carry?

Meaning, if you are subpoened - doesn't that require a legal document that you sign for given to you by the sheriff's deputy at your home? They are also requiring my 16 year old grandson to testify as well. Im furious. They already deposed us and told us we wouldn't be needed.

We are NOT on the side of the defense. His client abused my grandson. I'm so angry and so is my grandson (not the one that was hurt) that we won't do well on the sand.

My questions is this: if we don't get an official subpoena, does the fact that he called me and told me mean anything? Can I ignore him and just simply not show up? Can they do anything to me if I don't show up (given no official subpoena given?)
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

If you are not actually served with a subpoena, either by a deputy or a private process server, then you are under no obligation to show up regardless of what the attorney says.

JD 1992 :

They don't have to serve you at your home, they can serve you anywhere, but you do have to be served in person.

Customer :

THANK YOU. That's what I was hoping.

Customer :

One last question. Can they really force a 16 year old to testify since he is a juvenile?

JD 1992 :

Yes, they can force him to testify.

JD 1992 :

It's unfortunate, but it is possible.

Customer :

Well, I was about to let you go, but just thought of something. When they sent me the subpoenas to be deposed back in October, it also had subpoenas for court but that court trial has been cancelled a nunber of times since then. How long are subpoenas good for and are they any good when the dates have changed. (I threw them out because when we were deposed he said we wouldn't be needed, obviously because we are not going to say anything that will HELP his client - give me a break!). But are the papers good infinitely or do they have to do them again with the new trial dates.

JD 1992 :

It depends on the wording but generally they are good forever, but for the dates shown. There is an exception in that if you show up on that date and the judge extends the subpoena to another date then you are still covered but otherwise they are only good for the date shown.

JD 1992 :

Anything else I can assist with?

Customer :

Good, it only had the original dates. THANKS so much

JD 1992 :

You're very welcome.

JD 1992 :

Anything else before I exit to assist others?

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

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Dwayne B.
Dwayne B.
Criminal Lawyer
27293 Satisfied Customers
Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.