Brooklyn, NY asked in Criminal Law for New York

Q: I have been told that I will be served a subpoena to testify as a witness in a criminal case if I never receive the

Subpoena do I have to appear

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3 Lawyer Answers
Michael Arbeit
Michael Arbeit
Answered
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: If you are not served with the subpoena, how would you know when to appear? Is this a felony or misdemeanor matter? Are you the complainant? Call me, if you want to discuss the matter at (516) 766-1878. -Mike.

Kristen Epifania
Kristen Epifania
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: You have to answer to a subpoena if you receive it. Simply being told that you are going to get a subpoena does not mean that you have to appear somewhere, as you would have no information regarding time, date, etc. If you do receive a subpoena, you will have to appear, and you can contact an attorney beforehand to discuss the matter further.

Benjamin Ostrer
Benjamin Ostrer
PREMIUM
Answered
  • Criminal Law Lawyer
  • Chester, NY
  • Licensed in New York

A: You do not have to appear if you do not receive a subpoena. A witness must be served a “reasonable” amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing. Assuming you are served, it sometimes is advisable to contact the issuer of the subpoena to confirm you are needed as many subpoenas are issued for the commencement date of a hearing or trial and not all witnesses are required on that date. You should make a record of the date and time you are served.

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