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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.