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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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My son was handed a faxed copy of a subpoena yesterday by his

Customer Question

My son was handed a faxed copy of a subpoena yesterday by his po, for him to appear in court in 3 hours. It was impossible for him to get there as he watches his sister and neice while myself and his brother work. This morning the sheriff stormed through my house and took him out in handcuffs. Can they do that he is only a witness, not defendent.
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

They can, since he was subpoeaned he doesn't have the option of disobeying the court order and therefore the court could order that he was in contempt for nto showing up.

JD 1992 :

However, it is a defensive contempt, at least potentially. His lawyer can argue that it was insufficient notice, that obeying it would have caused him to commit a crime (leaving children unattended), that service was improper unless the PO was authorized to serve it, etc.

JD 1992 :

It appears you are offline so I will exit and assist others. Please ask any follow up questions in this thread.

JD 1992 :

Why would you issue a poor service rating on this? Surely you understand that all legal information can't be favorable and the information I provided was both correct and provided within a few minutes of you posting your question.