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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21379
Experience:  Handle criminal matters in both state and federal courts.
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I received a subponea in the mail with no stamp. I did not

Resolved Question:

I received a subponea in the mail with no stamp. I did not call the DA. Do i have to show up?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Samuel II replied 11 months ago.
Hello

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Thank you for requesting I provide information in this regard.

This could be considered Conspicuous Service which is the service of the Subpoena by leavig it at the residence or place of business of the witness. Prior to leaving the Subpoena, the server must make at least two attempts. If no one is found on either attempt, on the third try the Subpoena may be af fixed to the door with adhesive tape, and a copymust be mailed to the residence of the witness by first class mail. Mark the envelope Personal and Confidential.

Or at least that could be what the process server thought. I suggest if you do not appear for court, then the person is going to win by default and then you will need to file A Motion to Vacate.

If you have the envelope it came in, you may be able to prolong this by showing the court that you were never actually served. You can go to that clerk of the court and see what is states in the docket entries about how service was made
Customer: replied 11 months ago.
I am being called as a witness for a grand jury hearing because i told the police i was robbed for $20 and the kid had a gun. Problem is i lied to the police because i was giving him money for weed and he stiffed me and took out the gun. My friend was also subpoenaed and he is going because his mom spoke to DA on phone. He knows i got the subpoena. Could he tell them I got it and will i be in more trouble
Expert:  Samuel II replied 11 months ago.
Hello

Not if it is impropertly served. So if you have an envelope with no stamp then there would be an illegal service

However, keep in mnd, that if the DA needs you for Grand Jury and you do no show up then the DA may request the court issue a warrant, have you arrested and made to testify -

But if it is incriminating testimony to you then you can simply say I take the Fifth. And not answer anything.
Customer: replied 11 months ago.
So do i need a lawyer present if i show up and want to plead the fifth
Expert:  Samuel II replied 11 months ago.
Hello

No. You do not need an attorney present. But if any questions are asked of you you can just said I Plead the fiftth. The DA is going to be confused by it all and will explain to you what that means

Wouldn't it just be easier to tell the truth to the DA so this whole Grand Jury proceeding does not have to happen
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21379
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.
Wont do be upset that i lied to the police. I am also a minor 15yrs old. So you think its best i just show up?
Customer: replied 11 months ago.
Relist: Answer came too late.
Customer: replied 11 months ago.
Wheres my answer
Customer: replied 11 months ago.
Relist: Answer came too late.
My appearance is today i need an answer now
Expert:  MyraB replied 11 months ago.

Hello. I see that Samuel is offline and you are scheduled to appear before the grand jury today.

You should go, but as Samuel indicated, you should plead the Fifth Amendment if there are any questions, the answer to which may incriminate you. In fact, you may want to inform the DA prior to the proceedings that you intend to invoke the Fifth Amendment, but say no more. You are entitled to an attorney appointed by the court to discuss the basis of your Fifth Amendment invocation. Do not speak to anyone about the basis for the invoking the Fifth Amendment other than your own attorney. He may be able to discuss the possibility of granting you immunity with the DA.

By the way, you were still robbed at gunpoint, so you didn't lie about that. The only thing you left out was that you were there to buy marijuana. Victims of crimes do not necessarily need to be without fault, but you also don't want to confess to crimes to a grand jury or DA, and telling the complete truth now may get you into trouble for lying to the police. But, it can be sorted out.

Please feel free to ask any follow-up questions.

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