Out of State Subpeona

[ARHan]

What is the name of your state (only U.S. law)? Virginia

My son is a college student and a resident of New York State. He has been subpeonad as a witness in a criminal case in Virginia. A Virginia subpeona was mailed to him in a hand-written envelope. Is he compelled to appear?What is the name of your state (only U.S. law)?

 

[You Are Guilty]

What is the name of your state (only U.S. law)? Virginia

My son is a college student and a resident of New York State. He has been subpeonad as a witness in a criminal case in Virginia. A Virginia subpeona was mailed to him in a hand-written envelope. Is he compelled to appear?What is the name of your state (only U.S. law)?

Probably not. Was the subpoena signed by the court/judge? Is it a Federal or State court?

 

[ARHan]

Probably not. Was the subpoena signed by the court/judge? Is it a Federal or State court?

The court is a General District Court (hope that answers the question). subpeona is signed by clerk of the court. He will lose at least three days of school including travel time. Who would he consult with to be absolutely sure?

 

[You Are Guilty]

The court is a General District Court (hope that answers the question). subpeona is signed by clerk of the court. He will lose at least three days of school including travel time. Who would he consult with to be absolutely sure?

What is his connection to Virginia then?

In any event, have him call the DA listed on the subpoena and explain that he is a NY resident and a VA subpoena is not valid outside VA. (It is possible that the VA DA can get a valid NY subpoena issued, so I'd make sure he plays nice on the phone just in case it gets to that point).

If the only issue is travel arrangements/school time, have him say so and perhaps the DA can work around his schedule and arrange transportation.

Good luck.