Legal Question in Criminal Law in Michigan

Will not appearing effect me?

Can you be held in contempt and have a warrant issued for you if you are a victim/witness and do not show up in court when you were never served a sopena? I was initially served a sopena and showed up when I wasn't needed on the courts mistake, so I then I fulfilled that sopena? correct? I knew that I was expected to appear again sometime soon to actually give testimony but I was never served a sopena again. If I do not show up can the judge come after me?


Asked on 5/05/09, 4:18 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Will not appearing effect me?

I disagree with the first attorney's answer.

You said that you honored the subpoena you got (which said, for example, to be at the courthouse on 05/01/2009 @ 9:00 am ... and you were there), but that you were not given a new subpoena for the new date (e.g., 05/06/09 @ 9:00 am) and therefore did not show up.

Unless you were provided notice that the first subpoena was ordered by the judge to be "continued to 05/06/09 @ 9:00 am" (in my example), then you are NOT in contempt of court. The judge can order that a subpoena is continued, and I always try to have that happen to save my office and police the work of re-doing / re-serving subpoenas. But, it only works in my experience with witnesses who were in the courtroom to hear the judge tell them to come back on 05/06/09 @ 9:am. If that happens, then the subpoena is continued and the person has been ordered to re-appear and risks contempt of court if they do not appear. All other witnesses need to be re-subpoenaed.

So, unless the judge continued your subpoena and you were informed of that fact, you are not in trouble in myopinion. The fault lays with the party who did not re-subpoena you.

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Answered on 5/06/09, 8:52 am
William Morrison Action Defense Center

Re: Will not appearing effect me?

The judge won't personally come after you, but a police officer will.

Read ALL the words on your subpoena.

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Answered on 5/05/09, 10:29 pm


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