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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16688
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi I live in NYC but witnessed and reported a crime taking

Resolved Question:

Hi I live in NYC but witnessed and reported a crime taking place in Oklahoma City while I was visiting my sister there a few months back. She just received a subpeona for me to come testify as a witness for the state. The subpeona was sent to her address but I don't live there I was just visiting her ( therefore one could argue ineffective service of process). The charge is not that big - i.e., concealment of stolen property and I also never saw the face of the defendant since it was too dark the night of the incident. Could you please tell me if I am legally obliged to show up as it would be an inconvenience for me to travel to OKC next month. Also I've tried calling the OKC county DA's office to explain this but no one has returned my calls. Thank you in advance for your help.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

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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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16688
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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