Legal Question in Criminal Law in Texas

I am being subpoenaed out of state for the prosecutors side for a case against my spouse. Does the prosecution have to pay witness fees for my to travel there and back?


Asked on 9/21/11, 11:43 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

You should check the laws of the state where the subpoena was issued. In Texas, a subpoena isn't good past a distance of 150 miles. In other words, you can't be compelled to travel 800 miles to come to a court hearing.

Read more
Answered on 9/21/11, 11:50 am
Cynthia Henley Cynthia Henley, Lawyer

Actually, you can be subpoenaed to come to Texas even from another state. However, the prosecutors would have to file a special application and get a court order (as I recall) and make arrangements for your expenses. These expenses would not be paid until after the case finished and you submitted all your proof of expenses.

If you just receive a "regular" subpoena in the mail from a Texas prosecutor, then it is not legitimate.

If you are being subpoenaed from another state, then their rules would apply.

Read more
Answered on 9/21/11, 3:57 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas