If I avoid a subpoena but am aware they are trying to serve me what happens? The officer said to pick it up or I get a warrant.

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If an officer of the law (official and a volunteer) came to my house two separate times to serve me a subpoena. To testify in court after already being dismissed after I gave my first testimony for the defense. And my mother tells them I live there but am never home. And they say I have to now go to the police station and pick the subpoena up or they can issue a bench warrant for my arrest if I don't. Will they issue a warrant? I am over 8 months pregnant and due any day now and really shouldn't go to court because of the stress and timing.

Attorney Answers

3
Gayle Gutekunst ·
I agree with Mr. Pullman. They are bluffing you. It is their obligation to serve you personally with a subpoena; they get paid for this. If they can't do their jobs, you don't need to do it for them. This may or may not occur, but be aware of something; If they wind up leaving the subpoena with your mother and you call the attorney who issued the subpoena saying, "Hey, I got the subpoena, I'm pregnant, I can't be there," that makes the service on your mother as legitimate as if it had been served on you personally. This is because you acknowledged receiving it in your telephone call. You may have already testified at something called a preliminary hearing. It is a hearing where testimony is given but there is no jury. It is much less formal than a trial. Does this sound familiar? If so, either party is permitted to serve you to testify at a trial. If you wind up getting served, the courts are overwhelmingly solicitous of pregnant witnesses. They would try to be extremely accommodating. Congratulations.
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David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
You don't have to go to the police station and they can't get a warrant to arrest you solely for the purpose of serving you with a subpoena.
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Michael Lukehart ·
Both of the above answers are correct. They give you good advice. Often, law enforcement agencies try to get you to do their work for them by bluffing and terrorizing. Good luck.
0 upvotes