Legal Question in Criminal Law in California

What happens if I am subpeonad and I refuse to attend the hearing? I am the plantiff and I do not want to continue this case, but the DA will not drop the case. I have since relocated to a different state.


Asked on 11/09/10, 12:06 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Do you mean you are the alleged victim? In a criminal case, the People of the State of California are the plaintiff.

If you are legally served with a subpoena, you have to go to court. If you don't go, you can be arrested.

However, the service of the subpoena must be valid. Simply mailing a subpoena is NOT valid service under California law, unless you call the person who sent it and confirm receipt. If you are outside California when served, the subpoena must also be approved by judges both in California and the state where it is served.

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Answered on 11/14/10, 12:43 pm
David M. Wallin Law Offices OF David M. Wallin

It is not clear if you were personally served or not. The service of the suubpoena may not be legally sufficient to require your attendance. Without more information, it is impossible to answer. Best wishes...David Wallin

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Answered on 11/14/10, 12:50 pm


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