Legal Question in Criminal Law in Florida

Generally, the State is allowed to subpoena witness by US mail but it must be certified mail if they ever wish to try and hold the witness in contempt of court. See Florida Statute 48.031(3)(a): "However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least 7 days prior to the date of the witness�s required appearance. Failure of a witness to appear in response to a subpoena served by United States mail that is not certified may not be grounds for finding the witness in contempt of court."

So if it is regular non-certified mail, the State may not seek to hold a person in contempt for failing to honor the subpoena. The State has the burden of proving to the judge that the witness knows about the subpoena and is failing to attend anyway.