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
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.
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.
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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