Legal Question in Civil Rights Law in Florida

I am a victim in a case and was subpoenaed to deposition today. The date was changed from May 30th and I did not get the voicemail until this evening so I was not there. I need advice as to what I should do after not showing up, I cannot get in touch with the state attorney or public defender.


Asked on 4/25/12, 6:03 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

Were you actually served with the subpoena? That is what matters. If the date was changed and you were not told about it in a timely fashion, let alone provided with written notice, then you can hardly be held responsible for it.

Before you can get in trouble or held in contempt, there would first have to be a hearing. You would be provided notice of that too. You would have to explain to the judge why you didn't show up and it sounds like you have very good reasons.

Keep in mind that many prosecutors will not try to have a victim held in contempt for not showing up to a deposition or a trial because they don't want to "re-victimize" the victim. Keep trying to get in touch with the Assistant State Attorney. Ask to find out his or her name and then ask to speak with them personally. Call every day until you get a hold of them. That is of course assuming you want to assist in the prosecution of this case.

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Answered on 4/26/12, 9:19 am


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