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AttyHeather, Lawyer
Category: Criminal Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I was currently employed as an DCS Worker in another state

Customer Question

Hello, I was currently employed as an DCS Worker in another state that I currently do not reside in. The state I use to reside in are attempting to subpoena me on a case . I am no longer employed with that agency anymore. However, my current employer is trying to make me be readily available to accept the subpoena and I have not been personally served. I have a doctor's note excusing me from work due to work related stress.
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: The subpoena is issued in MO but I am residing in TN.
JA: Have you talked to a lawyer yet?
Customer: I have attempted too. They are saying they can not assist me with this matter. The attorney with the agency is now saying he can not give me legal advice. Since I am no longer with the previous employer they don't have a right to present me in this matter. I was assigned to the case, and the trial is scheduled in a few days.
JA: Anything else you think the lawyer should know?
Customer: Now, they are saying I could be held in contempt and I have not been physically served.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyHeather replied 1 year ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd like to assist for informational purposes.

Is it possible that the subpoena was left with the front desk at your work? In many jurisdictions, service of a subpoena can be completed by leaving the subpoena with a person of reasonable age and discretion at the person's employment.

Also, if the subpoena is issued from a court in another state, then generally they have to serve you in that state (the state that issued the subpoena). State courts do not have the authority to force you to travel to another state, if they don't have jurisdiction over you (which they would acquire by serving you in THEIR state. The way they would have to get around that is by filing a case in your state and domesticating the subpoena, and then asking your court to subpoena you to go to the other state.

Has that answered your question?

Expert:  AttyHeather replied 1 year ago.

Hi, I'm checking in to see if I've answered your question. Please let me know!