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I recieved a witness juvenile subpeona

Discussion in 'Juvenile Crime, Law & Court' started by spiritd, Nov 7, 2007.

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  1. spiritd

    spiritd Law Topic Starter New Member

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    received a juvenile subpoena today for a case for someone at my shcool. I'm not even sure what it's for and I remember nothing about last year where the evnt took place in one of my classes. I had nothing to do with the case, and yet I was sent a subpoena because I was part of the class? I don't have time, nor do I wish to go and be a witness. A main reason is the guy is trying to pressure me at school to be a witness. My question is: If I refuse to show up or simply say I never received the subpoena, what will happen? I'm 14 years old and just learned about subpoenas actually. I'm not even sure if this subpoena is totally legitimate. Reasons why?
    1) It looks like a photocopy
    2)Subpoena is spelled incorrectly as "subpena"
    3)It says on the back is proof of the service but on the back of the sheet is nothing
    4)At the top of my "subpena" it has two numbers, a to and form number, maybe a fax? It also says pg 4/15; there were 15 people in my class
    5) I found it lying in my mailbox without an envelope, but there's no hand delivery confirmation on the subpoena.

    Please advise me on what to do.

    Thank you!

    (I'm in California)
     
  2. CdwJava

    CdwJava Moderator

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    If there is good service on record, then you can be taken into custody and charged with contempt of court. We recently did that here with a VICTIM that failed to heed the subpoena.

    You don't think you're getting the original, do you?

    From Nolo.com:

    subpena

    The modern spelling of subpoena. A subpena is a court order issued at the request of a party requiring a witness to appear in court. ​

    That's because the OTHER copy also had the proof of service on the back and that copy was the one completed and returned to the court.

    There may have been faxed copies to the local police or a process server, I suppose.

    That is not going to be good service unless your parents were personally served as well.

    Talk to your parents. Do NOT just fail to show up. Even though the service might be bad, you might end up getting arrested before it is sorted out.

    The only way to get OUT of a subpoena is to have it quashed. That would mean hiring an attorney to do this. Otherwise, they can always re-issue it. Your best bet would be for your parents to call and speak to the agency issuing the subpoena (the DA or the defense attorney) and have them speak to the person advising why you do not want to go.

    You cannot just ignore it .. unless you like playing Russian roulette with your freedom.

    - Carl
     

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