Legal Question in Criminal Law in California

subpoenas

Is a subpoena valid without a court stamp?

I received a subpoena on a Wednesday (without a court stamp) to appear in court on Friday. My sister was arrested 4 yrs ago on a drug charge while driving my car. I never heard anything about this case until now when a PI called me and came to my house with the subpoena. He stated I had to go to court or I would be arrested. I have 11 children, am disabled with and do not drive. I cannot get to court on--name removed--little notice. What can I do? Also, I called the attorney listed on the subpoena but he did not return my call.


Asked on 12/13/07, 3:06 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: subpoenas

Lawyers can issue subpoenas on their own in cases pending in California state courts. A court stamp is required only in federal courts or when issued by a party in pro per. State courts in other states may also require a stamp.

You should do what you can to make arrangements to get to court. Going there on your own may be inconvenient, but being taken there by the police will be worse. Defense counsel may be able to help you arrange a ride and a babysitter. Don't be too put off by the fact that he has yet to return your call; he is probably in court this morning.

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Answered on 12/13/07, 3:25 pm


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