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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27051
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got subpoena today. The court date is on Dec 15th

Customer Question

I got subpoena today. The court date is on Dec 15th (tuesday). What happens if I don't go?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

A subpoena is a court order. The police can simply be dispatched to arrest you and bring you into court where you can be compelled to testify, or a warrant can issue and you can be charged with contempt and fined and/or incarcerated.

Customer: replied 1 year ago.
Is there any way I can get out of it?
Expert:  Zoey_ JD replied 1 year ago.

You'd have to call the prosecutor and see if he or she would let you off the hook. Are you the complainant in the case or a witness? Why don't you want to testify?

Customer: replied 1 year ago.
I'm the witness. The defender has a no contact w someone that lives here with me. Just because I live here the defense attorney thinks my testimony will help her defendent out
Expert:  Zoey_ JD replied 1 year ago.

If you're a defense witness, you don't call the prosecutor. You call the defense lawyer and tell him/her that you don't wish to testify. If you don't feel your testimony would be helpful to the defendant, then let the lawyer know that. He's not going to want you if you can't help the case.