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Good afternoon. I certainly understand the situation and your concern. The subpoena
needs to be served on you. That is what places you on notice that you need to appear. If it is not served on you, an argument could always be made that 1) you never knew about it and 2) that service was ineffective, as you stated above. Moreover, you reside out of State. If the prosecution whats you to appear, they should incur the cost of flying you in and taking care of your expenses. The hardship should not fall on you, as a witness, who is helping the State. In a situation like this, if you fail to appear, the State will likely dismiss the case against the defendant. They may ask the Judge for a continuance to allow additional time to find and serve you and it would be at the discretion of the Judge to allow it and not make them proceed. Often times, they will try one more time to find you and if they can not, will just dismiss/drop the case and not try and go after you, for failing to appear. Moreover, you have made a good faith effort to try and contact them, advising of the situation and they have made no effort to return you call or figure out the situation.
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