If I received a subpoena by regular not certified or registered mail, if I don’t go to court what will happen?

I am a victim of domestic violence and I have forgiven my daughter’s father since the incident. The state has picked up the case and I do not want to testify against him. The subpoena had my name and street address spelled wrong on it and again it came by regular mail.

Asked on August 1, 2012 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Usually if one fails to obey a lawfully served subpoena to attend trial or some other court proceeding the failure to do so is a contempt of court proceeding after a bench warrant is issued for one's arrest.

The issue I see is whether mail service of the subpoena against you is proper service. Typically personal service is required for a subpoena. I suggest that you consult with a criminal defense attorney about the legal validity of the subpoena mailed to you for the criminal matter you have written about.


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