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Juliana
Juliana, Attorney
Category: Legal
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Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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if a court is looking for me in the state of california to

Customer Question

if a court is looking for me in the state of california to supeona me but cant find me can they automatically issue a warrant for my arrest as a witness to a criminal offense
Submitted: 3 years ago.
Category: Legal
Expert:  Juliana replied 3 years ago.

Hello,

 

Thank you for using Just Answer. I am a licensed attorney and former prosecutor. I will be happy to help you with your question.

 

If you have actually been served with a subpoena and you fail to appear in court to testify for the hearing/trial on the specified date/time , the court can issue a warrant for your arrest.

 

But, if you have not been served with the subpoena and you cannot be located, the court cannot issue a warrant for your arrest (unless, of course, you are to be arrested for having committed some type of crime).

 

Hope this helps.

Juliana

Juliana, Attorney
Category: Legal
Satisfied Customers: 1651
Experience: 23 years of experience; former prosecutor, magistrate, child support attorney
Juliana and 14 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
is there certain times they can serve you like only during working hours or can they come at night time? also can they give papers to my ex and expect him to give them to me? or do they physically have to serve me personally. is there any way legally to get out of having to testify as a witness.
Expert:  Juliana replied 3 years ago.

Hello, and thanks for your accept.

 

The process server who is serving the subpoena can come at any time of the day or night. There are no restrictions on the time of service. They will need to serve you personally.

 

The only ways you can get out of a subpoena is if the attorney/party who issued the subpoena to you agrees to cancel it prior to the date/time of appearance, or, if the witness files a motion to quash the subpoena, and the court decides in a hearing that the witness does not need to respond to the subpoena.

 

Hope this helps,

Juliana

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