If I’ve been subpoenaed to court as a state witness but do not show up, can the courts issue a warrant for my arrest?

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If I’ve been subpoenaed to court as a state witness but do not show up, can the courts issue a warrant for my arrest?

Asked on July 16, 2015 under Criminal Law, Kansas

Answers:

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

Answered 6 years ago | Contributor

A subpoena is a judicial order to appear in court on a specified day and time. It is not an invitation; it is a demand. So long as a witness has been properly served they are legally obligated to come to court. If the they fail to appear, the prosecuting attorney can request that a warrant be issued for the witness's arrest. The witness will then be taken into custody can remain in custody until the day of the trial.


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