American Personal Rights Home What to Do if You Receive an Out of State Subpoena

What to Do if You Receive an Out of State Subpoena

Receiving a subpoena to appear in court as a witness, especially an out of state subpoena, can be a daunting experience. It’s essential to understand the implications and act accordingly. Firstly, always recognize that a subpoena is a lawful order.

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Failing to adhere to its directives can have severe consequences.

If you ignore or refuse an out of state subpoena, you risk facing enforcement actions. This could involve a sheriff forcibly bringing you to court. Once there, if you continue to resist, you might be held in civil contempt. This can lead to imprisonment, often up to five days, coupled with a hefty fine, potentially amounting to $1,000 or more. Moreover, the repercussions don’t stop there. Under certain legal provisions, such as penal code section 166, you could face misdemeanor charges. Such charges could result in a six-month jail term, along with additional fines.

However, it’s worth noting a particular exception. If you find yourself categorized as a victim of domestic violence in the context of the out of state subpoena, while you might face contempt, you won’t be imprisoned for refusing to testify.

Lastly, a stern caution is in order. Intentionally obstructing or influencing a person’s appearance or cooperation with legal proceedings is a grave offense. Such attempts can lead to felony charges, considered significantly severe in the eyes of the law. Hence, always consult legal counsel immediately upon receiving an out of state subpoena to navigate the complexities and ensure appropriate action.

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