If someone came to your house with a subpoena and you told them that person moved, would you get in trouble?

Question

I am the person that they wanted to serve with the subpoena. I panicked and told them that that person moved and no longer lived there. I live in NY and my wife said I could go to jail for lying to them. I don't know what the subpoena or order is about and I am scared to find out.

Answer 1

Yes. It's called obstruction of justice and evasion. Best to go find out what it is. Go to the police or whoever was trying to serve you and tell them who you are and you heard someone wanted to serve you with a subpoena. If they bring it up that they already tried to serve you at the address on your license, tell them that you made a mistake because you never had been summoned before and that you freaked out. And apologize. Maybe they will overlook it, but you might want to talk to a lawyer first. Your wife is right.

Since you don't know who it was coming from, that makes it harder. The person likely trying to serve you with the subpoena could have been a clerk of court. If they come back to your place, which could happen, admit your mistake and that you freaked out. They may also try where you work. Just accept the subpoena this time. Most subpoena's aren't even about you. It's usually a case where someone needs a character witness (any friends in trouble with the law or getting divorced?) or a witness who happened to be at a place where a crime was committed...like your place of business. It could be about someone you work with or work for.

If they don't try to serve you with papers again, I wouldn't worry. But, if they do track you down, at least you know what to do this time. Most subpoena servers just ask, are you so-and-so? And if you say yes, they hand you the subpoena and walk away.

I've never been subpoenaed, but I studied American Legal History long enough to know that you do get in trouble for evading the servers. I can't see you doing any sort of "hard time". You'd likely get paroled, especially if you've never done anything wrong before and I know they have other people who say, "Not me!" when it really is them, so maybe they will be understanding. It is such a minor thing that you did. I really doubt you'll get into trouble if you accept it next time.

Answer 2

Yes, that would be illegal, both as obstruction of justice and being in contempt of the court. The subpoena is most likely asking you to testify in a trial, or to appear before a judge for a civil lawsuit. You shouldn't be worried about the first (you just have to go and talk), and you should only worry about the second if you know you've done something wrong.

My best advice would be to seek out the professional help/advice of a lawyer. If you don't do anything, you risk further penalties.

Answer 3

the cops are supposed to ask ANYONE who comes to the door of the subpoenaed address for identification, so if they didn't and just took ur word for it that was foolish. long story short though, u can be charged with obstruction of justice (interfering in anyway with a police investigation). btw all subpoena's aren't bad (not for you anyway). some are to get u to testify on behalf or against someone else. u really need to find out what it's all about so you can rest easy at night. good luck

Answer 4

Contact the local law enforcement agency that was attempting to serve you.

As one respondant stated....tell them that you "heard" the police were attempting to serve you and you are present to be served.

Yes...you can be arrested for Obstruction of Justice, Providing False Information to an Officer, or Hindering a Governmental Operation.

Best wishes.

Answer 5

I think it would depend more on if it was for a civil or criminal case. I think if it was in a criminal case, they would have had a warrant for your arrest and not a subpoena.

Answer 6

yeah u could go to jail, u should really move!

Answer 7

Yeah, that's a bad thing.