Legal Question in Criminal Law in California

Assault Case in NJ - subpoena out of state resident?

Hi all -

I'm currently located in NJ, In December I went to California and decided to move there, signed a lease, etc. Upon coming back I went to a concert with someone, he came to my house afterwards and wound up in an altercation with my neighbor .

A month later, I'm moving to Cali to live for good. I was listed as a witness on the police report but did not go to the pretrial. Yesterday as I was moving out of my house a police officer stopped by and gave me a subpoena to attend the trial on March 22nd.

This is a civil trial for what I believe is simple assault, I am simply a witness and I'll have moved out of the state completely for more than a month at that point. I have attempted to call the court clerk and explain this but she simply said ''you got a subpoena, it's too bad'' and hung up.

What are my options? I'm moving across country and cannot afford a plane ticket back as well as the time I'd have to take off from a new job. Any advice is appreciated


Asked on 2/16/06, 3:18 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Assault Case in NJ - subpoena out of state resident?

I have no idea what the law is in NJ, but I would write a letter (certified mail return receipt) to whatever lawyer sent the subpoena, with a copy of your new lease, explaining that since that date you are domiciled in California and you would be pleased to attend if the attorney pays up front for your airfare and hotel. Send a copy to the clerk of the court (be sure the case number is on it).

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Answered on 2/16/06, 5:24 pm


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