What is the consequence for not showing up if you have received a subpoena-if you are not the one on trial but a witness? What is a bench warrant? What does it mean to be in contempt of court?
2007-04-10 14:22:43 · 7 answers · asked by jamiee s 1 in Politics & Government ➔ Law & Ethics
Yes, it is exactly contempt of court. A subpoena is signed by a judge recognizing that you show up in court for potential testimony.
An attorney can also issue a subpoena, this is legal because it is also recognized by a judge in a court of law.
If you decide not to show up, the judge will issue a bench warrant. You will be fined comtempt of court charges and also be put in a holding facility until the court proceeding.
Remember to take seriously anything signed by a judge. The judge has the upper hand.
2007-04-10 14:33:58 · answer #1 · answered by william74044 3 · 0⤊ 0⤋
Yes. Subpoenas are served or delivered all the time, so I'm sure that "anyone" has received one.
:-)
Seriously, the consequences are serious. Do NOT ignore a subpoena. A bench warrant is issued by a judge. Contempt of court is when you refuse an order of the court and the judge finds you in contempt. You can be jailed until the contempt is removed (i.e. you do whatever it is the judge ordered you to do, but you didn't do).
2007-04-10 14:31:35 · answer #2 · answered by peachstatehoosier 3 · 1⤊ 0⤋
A subpoena is "a command to appear at a certain time and place to give testimony upon a certain matter."
This is the same even if your not on trial but a witness.
A bench warrant is a variant of an arrest warrant, which authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of court – possibly as a result of that person's failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal or civil court proceedings.
A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. For which they might jail you, fine you or both.
2007-04-10 14:37:41 · answer #3 · answered by Melinda 3 · 0⤊ 0⤋
If you are served a subpoena and do not show up for the court, there will be a bench warrant placed for your arrest. This means that the cops will come and you will be arrested. Contempt in court means pretty much that you did not listen to the judge and could be arrested. So...if you were served a subpoena and do not appear (even if you are a witness), the judge will hold you contempt, and issue you a bench warrent. Then the cops will come for you.
2007-04-10 14:34:13 · answer #4 · answered by mark s. 4 · 1⤊ 0⤋
If you show up you don't have to worry about all this stuff. If you can't show up, contact the court or the issueing attorney.
2007-04-10 14:26:51 · answer #5 · answered by johN p. aka-Hey you. 7 · 0⤊ 0⤋
if you just choose not to show up and you have no good reason, I believe that is a felony, just go. If you absolutely cannot make it you have to contact the courts.
2007-04-10 14:31:13 · answer #6 · answered by Magnus Ver Magnusson 2 · 0⤊ 1⤋
Why not just go? For justice to work, we all have to participate when called upon.
2007-04-10 14:28:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋