If you get a witness subpoena and don't show up will they arrest you or throw out the case against the criminal? 18 Answers as of January 14, 2013

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Michael Breczinski
Michael Breczinski | Michael Breczinski
They may do both. Arrest you for contempt of court and throw out the charges. against the other person.
Answer Applies to: Michigan
Replied: 1/14/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer better. Generally if you do not how up you could be charged with contempt of court or other charges. You should hire an attorney and disclose all the facts and circumstances.
Answer Applies to: New York
Replied: 1/10/2013
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Failing to show up on a validly issued and served subpoena will lead to a warrant for your arrest for disobeying the court order to appear at trial.
Answer Applies to: Colorado
Replied: 1/10/2013
William L. Welch, III Attorney | William L. Welch, III
That is up to the prosecutor and the judge.
Answer Applies to: Maryland
Replied: 1/10/2013
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
The court may issue a material witness warrant and have the witness arrested and brought to court. Otherwise, the case gets dismissed and the accused is free.
Answer Applies to: Washington
Replied: 1/10/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    That will depend on the court.
    Answer Applies to: Georgia
    Replied: 1/10/2013
    Universal Law Group, Inc. | Francis John Cowhig
    If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. This is true, even if the original case for which you are subpoenaed is dismissed.
    Answer Applies to: California
    Replied: 1/10/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you are subpoenaed and do not appear, you are in contempt of the court and subject to arrest.
    Answer Applies to: Michigan
    Replied: 1/7/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Depends on how it was served. If hand delivered then you could be arrested. If just served by mail and you did not respond then nothing should happen
    Answer Applies to: Nebraska
    Replied: 1/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    They can arrest you for not responding to the subpoena. Depending on the evidence the prosecutor has the case may or may not be dropped.
    Answer Applies to: Washington
    Replied: 1/7/2013
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    If you have been personally served with a subpoena and you don't go to the court date, then the judge will issue a warrant for you to be arrested. The effect of you not appearing on the criminal case depends on the type of case and whether the prosecution can still prove their case without you.
    Answer Applies to: California
    Replied: 1/7/2013
    Amber Lunsford, Attorney at Law | Amber Lunsford
    A subpoena is an order from the court to appear. If you have received a subpoena and fail to appear, you are in contempt of court. A warrant may be issued for your arrest. The case will likely be continued against the defendant.
    Answer Applies to: California
    Replied: 1/7/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    One or the other, not in any particular order, or both!
    Answer Applies to: California
    Replied: 1/7/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The case may be dismissed, but you may be arrested for failure to show up on the warrant, before the charges are dismissed.
    Answer Applies to: Georgia
    Replied: 1/7/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    This depends on the prosecutor. If the case is relatively minor, and there is a heavy court call, in an urban area, the case will probably be dismissed for lack of prosecution. However, if the case is serious, or a felony, the prosecutor will probably ask for a bench warrant, if the complainant had been subpoenaed into court to testify.
    Answer Applies to: Illinois
    Replied: 1/7/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    If you were personally served with a subpoena by an officer or someone that is 18 years of age or older then you must appear in court or a material witness warrant can be issued fro your arrest. If you were sent the subpoena in the mail even if the subpoena says mandatory appearance is required, you can go or not go.
    Answer Applies to: Washington
    Replied: 1/7/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, if you are served a subpoena for a criminal trial and fail to appear, the court may issue a material witness warrant for your arrest.
    Answer Applies to: New Hampshire
    Replied: 1/7/2013
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