Criminal Case

I have 2 questions..

My husband was supeona to appear at a criminal case which is out of state. I sent all the information about a month ago showing that we now live in another state so that he could be excuse. My question is the lawyer just called him yesterday to say that he wants to speak with him. In thinking all along he was excused because I sent out all the information. Does he have to be a witness if he lives out of state? I don't think he testimony will help one way or the other the Prosecuting attorney has never spoken to him and the court case is next Monday which is very short notice.

Question 2?

If he doesn't go to the other state testify what will happen?

What state does he live in, what state subpeonaed him, and how far does he live from the courthouse? Without this information, we can't help you. Most states have some process for serving out of state witnesses & are required to pay their expenses (travel, food, hotel). It is also quite possible that he could quash the subpeona for improper service. Courts usually have to issue a subpoena & have it validated in the other state & before serving it.

Were you living in the other state when served? If he were served, then moved, that's his problem & he has to appear.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.