can you avoid going to court if issued a subpoena?

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can you avoid going to court if issued a subpoena?

The DA issued a subpoena to my wife for a case involving our grandson. We would have to travel 400 – 500 miles and stay in a hotel just to attend court. Is there a way for her to avoid going to court?

Asked on August 20, 2019 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Assuming proper service, the law is that once a subpoena is issued it compels the person who was served to comply with it. It is an order from the court to appear, so failure to comply with it is a criminal matter for which there are penalties, including fines and jail time. At this time, you can consult with directly with a local attorney who can bet advise you further; possibly there is a way to get the subpeona "quashed" (i.e. getting it voided) but this too has its costs.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Assuming proper service, the law is that once a subpoena is issued it compels the person who was served to comply with it. It is an order from the court to appear, so failure to comply with it is a criminal matter for which there are penalties, including fines and jail time. At this time, you can consult with directly with a local attorney who can bet advise you further; possibly there is a way to get the subpeona "quashed" (i.e. getting it voided) but this too has its costs.


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