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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102369
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son has been served a subpeona to appear in court. He was

Customer Question

My son has been served a subpeona to appear in court. He was in a friend's car when that friend was arrested and charged with possession of a controlled substance. What are my son's responsibilities now that he has been given the subpoena, and what are the ramifications if he chooses not to testify?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not to participate in phone calls and I may or may not be able to participate in this feature.Your son has to comply with the subpoena and show up. A subpoena is a legal writ to have him show.He also has the option of filing a motion to quash and asking that the subpoena be quashed, but it is generally only quashed if the subpoena is an extreme nuisance, asks for information he does not have, requests a long travel distance, is abusive, harassing, etc.Since he was in the car at time of arrest, it would make sense for him to show.If he fails to show, then the party that subpoenaed him can file a motion to have him be held in contempt/sanctioned, which may mean admonishment or even a few hours in local jail. Also, he may be forced to go under escort from a local police officer.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.