I have received a subpoena by mail, isn't it necessary to have been given in person?

Question

I am the victim of Domestic Violence, and currently have a no-contact order; and do not wish to prosecute my daughter's father. Can they by force hold me in custody before the trial? It was stated on the letter that they will issue a warrant of arrest if I don't appear in the court? Since I have forgiven my ex-husband. I don't want to pro-long any legal court battle. I will really appreciate your answers.

Thank you so much for your quick response. I haven't sign anything. I only received it in my mailbox.

It has a court date, but as I said. I am not interested to prosecute my ex-husband for he still the father of my daughter. lesson learned. However in the court, just in case, isn't it true, that I have the right to say nothing, and what will happpen?

In addition, on the same sheet, it asked me to respond by phone or mail for confirmation. I have not confirmed that I received it, and in fact have shredded the subpoena for I'm not interested.

To Mr "The Hump":

I can't dropped charges against my ex. I have already submitted an affidavit that I'm dropping the charges, but it had no effect. The court says that its between him and the state. Thank you again.

Answer 1

What you are talking about is not a civil subpoena. It is a notice to appear in criminal court. The rules are very different. If you fail to appear, what will happen is the judge will call the docket in the morning and when he calls your name and you do not answer, "here," he will look over at the Clerk and say, "issue a bench warrant for her arrest." The Court clerk will issue said warrant, and if you are pulled over or the police run your license for any reason, the bench warrant will show, and YOU WILL BE TAKEN TO JAIL for being in contempt of court. It is as simple as that. At that point, the insufficiency of service of process is irrelevant. You are in jail. Even if you get out later, and it turns out they were wrong to put you in jail, you still went to jail. So please, pretty please with a cherry on top, go to court. Ignoring this notice would be a huge mistake. When you go to court, you can then drop the charges against your husband.

And no you do not have a "right to say nothing in Court." You have a 5th amendment right to refrain from self-incrimination. You only have this right if you are IN DANGER OF PROSECUTION. Thus is the reason they "read you your rights" once you are arrested. THERE ARE PEOPLE IN JAIL RIGHT NOW FOR REFUSING TO TESTIFY pursuant to a valid court order to do so.

I am telling you, you can drop the charges against your husband, but burying your head in the sand is not the answer. Do not listen to these freaking morons that are telling you to ignore the notice to appear. They do not know what they are talking about. I am a real live attorney with tons of criminal experience.

P.S. To the people answering questions in this subject area. If you don't know the law, you should always err on the side of caution. You don't ever advise someone to do something that "might land them in jail." People like this lady here want to believe that they can just ignore stuff like this notice to appear and it will go away. You cannot dispense this type of horrible legal advice and expect to avoid adverse consequences. Even if she can get away with ignoring the notice, it is still irresponsible, and unreasonably risky to do so.

Answer 2

Actually, in large parts of the US, they can mail a subpoena to you.

In large parts of the US, once something is mailed, it is assumed to have been received by the sender.

I don't know which federal Districts have which laws on this though.

But I remember a court case where someone was sued by the IRS for not filing their income tax, and the person had proof that they mailed their tax return.

The case revolved around which Federal court districts, considered something mailed, as being received.

Some do and some don't.

So unless someone can cite specific case law, for the area your in, i definately wouldn't ignore it.

Answer 3

I agree with Lance's opinion, with the additional note that if you fail to show up, its possible that they will then proceed to issue a subpoena by means of a sheriff or process server, who will hand it to you personally. At that point, you must show up, and failure to do so can result in a bench warrant for your arrest. In addition, ignoring a subpoena can result in a citation for contempt of court.

By refusing to cooperate with the state in this matter, you are only harming yourself.

Most victims of domestic violence have second thoughts. However, the reason that you can't dismiss the matter is because the matter is now between you ex-husband and the state. In addition, by refusing to cooperate, you harm your chances of prosecution in the future, should something happen that you really DO want to prosecute. Think of it this way: If you file charges repeatedly, and then decline or refuse to prosecute each time, the next time you file the charges, a prosecutor may decide not to devote much time to the case, because he/she will see that you haven't cooperated in the past... and will presume that you aren't going to cooperate this time.

I SERIOUSLY RECOMMEND that you obtain some counseling for domestic abuse victims. This is avilable at a reduced cost in many cases. Contact your local women's shelter for more information.

Answer 4

I am not a lawyer, but I know that unless they have a constable give you the summons in person, they have no proof that you received it. They can not prove that you received something in your mail box. You can always take that defense if it comes to it.

Forgiveness is honorable, but perhaps you may want to consider the idea that your Ex could cause someone else a life of misery. It's your choice, and a tough one, but even in forgiveness you can find a way to help those that hurt you by introducing them to the legal system and treatment before they have a chance to hurt somone else.

Good luck.

Answer 5

Good advice would be to consult your state's rules of procedure to see what the requirements of service are. States vary on this.

It would be unwise to ignore a communication from the court. And extremely unwise to ignore a communication from a court which states it is an "order" of some type. For example: If your letter states something similar to, "You are hereby ordered to appear..."

If the letter asked for confirmation, then it was probably not a court order...but as I mentioned before, states vary on their procedures, hence I use "probably".

My gut instinct is to urge you to consult an attorney in this matter. Some attorneys will offer a free consultation which may help you to understand your position more accurately.

Answer 6

If the state chooses to prosecute him then you don't really have a choice in the matter. You have to go to the hearing if you were summoned. When you get to court the judge will ask you and you can tell him you do not wish to prosecute. If you don't show up though the judge can issue a bench warrant for you for failure to appear.

Answer 7

They can be served by mail in some states, but not in others. You really need to talk to an attorney licensed in your state. Look in your phone book and call several criminal defense attorneys. Talk about it with more than one lawyer and get several opinions. If you are willing to put your time into this task you will probably get your answer for free. Do not call me unless you are in Missouri or Kansas. Best of luck to you.

Answer 8

You have forgiven, but the State is prosecuting a crime, and you are a witness, thus the subpoena. Go, give your testimony and the only thing you have to worry about is what you are used to worrying about....how your violent sperm-donor will react.

Answer 9

I guess it could vary state to state, but yes, I thought you had to serve a subpoena in person. I've served them before. Are you sure it wasn't just a 'notice' to appear?

Answer 10

I realize this post was from 8 years ago, however i am in the same boat as you only i never pressed charges, the cops did and now i have received a witness subpoena to appear in court. did you ever show to court? and what happened? thanks!