Expert: Robin Sexton - 4/11/2008

Question
A friend of mine just got a subpoena to appear in court. The officer told him that he is on "stand-by" what does this mean? He also told us that he cannot leave the county for 30days or until he his dismissed because they will call him at any moment to come to court and he has to drop what he is doing to be there. Can they really tell him he can't leave the county or he will be arrested? Don't they usually have a set date and time that you have to come in?

Answer
Jennifer,

Courts schedule multiple cases for certain days and times with the knowledge that a certain number will be settled on the day of trial due to plea agreements.  Once all the pleas are taken then one of these remaining cases goes to trial.  Depending on the case these cases can last a several days to several weeks.  Without knowing the specifics of your states court procedures I would be surprised if he is not allowed to leave the county for 30 days.  Here is the problem, normally the attorney handling the case will know within 24 hours if he will need a witness for court.  The witness has to be available, if he does not respond he is in contempt of court and can be jailed.  On most subpoenas or on an attached letter there is information detailing what the witness needs to do.  If there are special issues or a witness needs more information the witness should have been given a telephone number to call.  You can always call the attorney that subpoenaed your friend for more information, either the prosecutor or defense attorney.


Good Luck


Robin