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Morning. My sister in law was subpoenaed by mail who lives

Morning. My sister in...
Morning. My sister in law was subpoenaed by mail who lives in Florida to testify against her brother in texas. Does she have comply. Would she be in trouble if she dont.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: She lives in Florida and she is to testify in texas.
JA: Has anything been filed or reported?
Customer: She received the subpoena by mail.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that was it. Thank you.
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Answered in 3 minutes by:
11/15/2017
Nisha Jones
Category: Legal
Satisfied Customers: 1,529
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 1 month ago
Ok
Customer reply replied 1 month ago
Are you there.

Yes, I'm almost done typing, thanks for your patience.

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Thanks again for your patience while I typed up my response.

Technically under the law, yes your sister does need to comply with the subpoena.

Failure to comply with a subpoena can result in her being charged with contempt, which carried the possibility of jail time and/or a fine.

In practice, judges only rarely enforce this, usually the failure to appear is overlooked without penalty (..unless it is for a defendant in a criminal case).

However in the event that the judge does want to enforce a penalty against your sister in law, there would first need to be a hearing to show cause -- in which your sister would be allowed to present some evidence as to why she should not be held in contempt. In her case she could present evidence as to the cost of travel being too expensive, inability to find child care on short notice, etc.

In summary -- yes there could potentially be sanctions against her for failure to comply with the subpoena, but that's rarely done, and she would have an opportunity to defend herself if she were going to be charged with contempt.

She'll just have to make an informed decision based on all of the above.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 1,529
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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Customer reply replied 1 month ago
Thank you

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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Nisha Jones
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Satisfied Customers: 1,529
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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