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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 10-14-2006, 03:12 PM
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Join Date: Oct 2006
Posts: 6

Was not served a subpoena


What is the name of your state? Florida

I am a witness in a criminal case. I have not been served a subpoena to appear in court. If I am not served, will I be held for contempt for not showing up?
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Old 10-14-2006, 04:53 PM
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Join Date: Mar 2006
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Yes, you will be held in contempt. But as to what I think you are asking, generally no. You generally cannot be held in contempt of court if you haven't been served with a subpoena. I use "generally" because the question can get much harder. Contempt of court in this instance is the violation of a court order. The court order is the subpoena. To be in violation you must have notice of the court's order. Generally, with a subpoena, service is proof of the notice. However, if the court ordered you to attend and you knew of it (For example, you showed up for court and the judge said you should come back.) you can be held in contempt of court.
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