If I received a subpoena by regular not certified mail, do I still need to appear in court?

I am a victim of domestic violence and I have forgiven my daughters father since the incident. The state has picked up the case. On the letter I received my name was spelled wrong, it had a number off on the zip code, and it wasnt signed. I do not wish to proceed with any charges. I know it most likely will not be up to be since the state has it but why do I need to appear in court if I didn’t receive the subpoena properly?

Asked on July 31, 2012 under Criminal Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Different states have different laws with respect to subpoenas and attendance in court. If the subpoena is for you to attend court and testify as a witness, most likely the mailing of such is improper under state law where pesonal service is required.

If the subpoena is for being a juror, then mailing of such is proper.

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.