Legal Question in Criminal Law in Virginia

Re: arrested for failure to appear -never served

It's not entirely clear from your question as to what you were originally required to appear for.

Since you reference a subpoena, presumably, you had been issued a subpoena to appear as a witness for the Commonwealth. If that was the case and you failed to appear on the appointed

date, then the prosecutor may have asked the judge to issue what's called a "Rule To Show Cause" for you to appear in court on a certain date to explain your failure to show up the first time. Only then, if you had failed to appear on the date for this "Rule" would the court have issued a "capias" or arrest warrant for you.

However, since the circumstances surrounding your

arrest are far from clear, any opinion as to what cause of action you might have, or not have,

against those who were responsible for your arrest would be premature and ill-advised without further elucidation of the facts underlying your arrest.