QUESTION
If subpoena was posted to my door, and not hand delivered do I still have to go?
Asked on Jan 09th, 2013 on Criminal Law - Florida
5 ANSWERS
Michael J. Breczinski
That is generally not sufficient unless they can show that you knew about it when posted.
Answered on Jan 11th, 2013 at 5:39 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Technically, a subpoena to appear in court on a criminal case as a witness requires personal service on you or a member of your household age 14 or older who answers the door. Mailing and leaving on the doorstep are insufficient service of the subpoena. The rules also require that a witness fee of a minimum of $18.50 is included with the subpoena.
Answered on Jan 11th, 2013 at 12:20 PM
3 Awards
In the criminal realm you have to be personally served with a subpoena before the State can issue a material witness warrant for you.
Answered on Jan 11th, 2013 at 12:20 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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The subpoena will considered to be served and therefore you are required to go. Depending upon your role in the case the State may be reluctant to actually have you held in contempt. Attempting to have a witness held in contempt is a very complicated process and judges usually prefer proof that the witness has been personally served, instead of what happened in your case, before they hold a witness in contempt.
Answered on Jan 11th, 2013 at 12:19 PM
No you don't. But if you get tricked and call them back at the number printed on the subpoena, then they've got you.
Answered on Jan 11th, 2013 at 12:19 PM