A subpoena is a form of court order. Failure to abide by or obey a court order is the criminal offense known as "contempt of court."
Whether in a civil or criminal case, a person being adjudged to have information or testimony which is "material" to the controversy before the court, can be compelled through the use of a subpoena to appear in such court and offer such information or testimony.
Contrary to some popular beliefs, the 5th amendment does not give you an absolute "right to remain silent" when you are not, yourself, the basis of any criminal charges. The 5th only serves to protect you against self-incrimination, so once called to testify tyou can refuse to answer any question which would require you to testify as to your own possibly illegal behavior.
Also, the refusal to answer a question posed by an attorney or the judge during trial can be the basis for contempt of court (so can refusing to shut up when the judge tells you to).
Once you fail to appear or refuse to testify, the judge can declare that he finds you "in contempt" and have you removed / arrested immediately. In the case of a witness being called to testify, this would mean that a warrant for your arrest could be issued, and the police can come and arrest you as normal.
You may stay in jail for so long as you refuse to testify, or at least until the judge gives up trying to get you to testify (in the news, see Barry Bonds' trainer Greg Anderson).
And usually they put you in as soon as they can find you.
2006-07-24 08:28:50
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answer #1
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answered by DemonOly 2
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When they can find you. Usually you just face a fine but jail time could result. This is usually reserved for big cases where the witness may "make" the entire case.
2006-07-24 15:17:14
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answer #2
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answered by Anonymous
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Yes, technically, but depending on the seriousness of the case; a lot of the time the people who handle those are backlogged and probably would never get to actually jailing people.
2006-07-24 15:17:46
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answer #3
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answered by twaberri 1
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Yes it's a court order.
2006-07-24 15:35:56
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answer #4
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answered by lez23 2
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Criminal or civil? In a civil case they typically just bring you to the court and fine you.
2006-07-24 15:19:11
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answer #5
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answered by Pepper 4
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yup it's an offence. I think it's after the date you're supposed to show up
2006-07-24 15:17:57
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answer #6
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answered by Anonymous
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they get a bench warrant, then most of the time they catch you , when they run your license in a traffic stop or road block.
2006-07-24 15:23:58
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answer #7
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answered by Anonymous
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if there were no consequences no one would show up to court when subpoenaed
2006-07-24 15:26:22
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answer #8
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answered by ? 6
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Why do you think "Dog the Bounty Hunter" has so much business?
2006-07-24 15:24:16
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answer #9
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answered by kalsmom 5
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Yes they can and as soon as they catch you.
2006-07-24 15:16:36
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answer #10
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answered by Anonymous
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