Court Procedures / Evidence / Service

It is understandable why someone may not want to testify in a criminal case. However, when a subpoena becomes involved, there may be consequences if a person who is subpoenaed does not comply with (follow) the subpoena. In general, if court orders are not followed, a judge could hold a person in contempt of court and punish the person in various ways. The judge could also send the police to pick up a subpoenaed person to bring him/her to court. The other types of punishments that a judge can issue can vary depending on the situation. I don’t know the specific penalties that could happen if you don’t a person in your county/state does not follow a subpoena. You may be able to talk to a lawyer in your county to ask if s/he knows how judges in your county – and even this judge in particular – may handle this situation. Here is a link for legal services lawyers if you want to try to figure this out. [HYPERLINK]

Also, another thing to consider is the reason why you do not want to follow the subpoena. Are you afraid for your safety if you testify? If so, you may be able to talk to the district attorney to ask if they offer any protection for victims who are testifying such as a police escort to and from court or anything else that may make you feel safe. Here is a link for safety planning when going to court to think about what steps you can take to plan for your safety if you go to court.