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If the state issued a subpoena on a person & decides not to…

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If the state issued a...
If the state issued a subpoena on a person & decides not to call that person can the defense rely on that subpoena to compel their appearance?
Submitted: 2 months ago.Category: Criminal Law
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Answered in 1 minute by:
5/30/2018
Criminal Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 2 months ago

Yes. If the state issued a subpoena and the subpoenaed individual appears in court, then yes you can call that person to the stand, even if the state prosecutor decides to not call the witness.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Customer reply replied 2 months ago
what if state not call them and they are not in court?
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

If the person is listed on the witness list that was filed with the court -- and which the defense also receives a copy of -- then a subpoena will be sent out to that person.

If the person is not listed on the witness list for the trial, and the defense would like them to be called, then the defense needs to list them as a witness to the witness list and have them subpoenaed.

I hope that helps! Let me know if you still have any questions about this. I'm here to help.

If not, don't forget to rate so I can be credited for my time and help with your question, thank you

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Customer reply replied 2 months ago
You did not answer my question.
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

No problem, let me clarify!

Your question is: "So what if state not call them and they are not in court?"

If by "not call them" you mean they were not listed on the witness list and therefore were never subpoenaed, then that is something you the defense, is supposed to rectify before the trial.

You would have to amend the witness list to have them added before trial.

If you are referring to the witness being subpoenaed but just not appearing in court, then efforts can be made by the attorneys on both sides to contact the witness via phone, you can have a private investigator try to locate the witness,etc.

However if the witness simply cannot be found, and has not come to the court, then unfortunately there is not much that can be done at that point and the trial will have to continue without that witness' testimony.

I hope that helps clarify things, if it is still not clear, please let me know.

Don't forget to rate before leaving the page, thank you!

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Customer reply replied 2 months ago
In a criminal case the defense does not have to produce a witness list. If person is on state's wit list, is not in ct, & u want him to testify. Can you rely on their subpoena?
Criminal Lawyer: Nisha Jones,
 replied 2 months ago

Yes.

Hope that helps clarify!

Don't forget to rate, thank you!

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