Legal Question in Criminal Law in Virginia

Witnessed a crime (grand larceny). Waited for police to arrive and provided information - the police officer said it would be highly unlikely the person would be caught. 1.5 months later, I moved. I updated my mailing address - USPS, DMV, county tax office, and provided forwarding address. Cell phone number provided on police report was still valid. The apparently arrested the guy and issued a subpoena to appear in court as commonwealth's witness. I didn't receive this notice because I had moved. I was visited by an officer today with a Show Cause Summons (Criminal) for Failure to Appear. I never received the original summons/subpoena, so didn't know I was required to appear in court.

I am curious if I should retain legal representation to resolve this issue when I appear at the Show Cause Summons Hearing.


Asked on 10/03/16, 4:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Counsel in the situation described should not be necessary (assuming you have sufficient evidence to satisfy the judge regarding your claim) and that you have no prior record of failures to honor a validly issued/served subpoena from

a court of law.

Of course, if by chance the judge fails to be impressed with your evidence and/or

argument and consequently imposes sanction(s), then, obviously, you would want to

engage the services of counsel to appeal such a ruling.

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Answered on 10/07/16, 12:24 pm


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