Do I have to go to court if I never received the actual subpoena? Will there be ramifications for me?

Question

I was a witness to a crime in 2005 at my undergraduate university. Last Wednesday (Feb 21st) an officer from the university police called me and told me that I am subpoenaed to go to court for the crime I witnessed. The court date is this Wednesday (Feb 28th)...Tomorrow! The problem is he just told me that I was subpoenaed, I never received anything in the mail and no uniformed officer came to my door to deliver it. I am currently a grad student and live over over 2 and 1/2 hours away from the courthouse. Do I have to go to court if I never received the actual subpoena? Will there be ramifications for me?

Answer 1

You are under NO obligation to go. Unless you received an actual document. A phone call is FAR from sufficient and legally binding.
If you need backup on this and just to feel "safe" about it, contact a professional. Contact a law office or a legal assistance hotline. They will tell you exactly that.
However, you may WANT to go to court. I realize it may be inconvenient, but it may also be rewarding and beneficial for any victims of the crime.

Answer 2

Because the officer informed you that you were being subpoenaed he could inform the judge that he did make contact with you.

Will there be ramifications for you? Maybe yes...maybe no. The subpoena is an order from the court to be present.

My suggestion is you contact the district attorneys office that is prosecuting the case IMMEDIATELY to determine if your testimony will be required or not.

As for the ramifications to the victim....your testimony could make the difference between making a case or not. By not appearing, you jeopardize the victims case against their offender.

People cry about our judicial system not working....this would be one way the system falters should you fail to appear.

Be a good friend to the victim...or at least a good citizen and do the RIGHT THING!

Best wishes.