What happens if you ignore a subpoena?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if you ignore a subpoena?
I have been subpoenaed in a trial as a witnesses and I really don’t want to go. If I don’t show up is it criminal contempt or civil contempt?
Asked on June 11, 2011 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A subpoena is a direct order from the court to appear at a certain date and time. If you fail to appear when requested, a bench warrant for your arrest may be issued for contempt of court. Accordingly, you could be jailed or fined.
Note: A witness can "plead the 5th" (i.e. invoke their “privilege against self-incrimination”) but only if their testimony would implicate them in some way in the crime. So unless your testimony can get you personally in trouble, you have to testify.
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.