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  1. #1
    Join Date
    Apr 2006
    Location
    assult and battery
    Posts
    4

    Default Subpoena served to wrong person

    I was arrested for simple assult and battery mid April, my trial date is next Tuesday. On Monday evening a knock on the door, the local police. He told my husband he needed to speak with me. I go to he door, the officer says "Are you **" I said yes Im, he said Im serving you with a subponea for assult and battery your trial is on such and such date. I said thank you and shut my door. The officer opened my door and said "Im not done with you! Your in violation of a no contact order, both my husband and I said, No that was lifted the day after I was arrested. The officer said to me, "I will make sure I tell the judge about your bad attitude"!! because I shut the door and said thank you and didnt ask him in for coffee he threatens me?!

    The subponea should have been served to my husband, not me! The cop made a mistake and served the wrong person! According to my attorney the whole ordeal might start completely over because the cop screwed up with the subponea! The stress of this has got to me. I was arrested for throwing a 3 inch un-lite candle at my hubsand. I have attended counciling for 2 months on my own without a court order, and have letter proving this from the Dr. I've Never been arrested, no record, nothing other than a speeding ticket years ago.

    What is your thought on this matter? I reside in Michigan, Im a woman, I was arrested with simple assult and battery.

    Thank you

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Subpoena served to wrong person

    Are you sure you were served with a subpoena or were you served with a warrant or summons? A subpoena is usually issued to compel a person to come to court so as to be available to testify as a witness at someone else's trial. From what you have said I take it that the police were attempting to serve your husband but gave the paper to you. Whether this will constitute proper service is a question for the court and may depend on the officers' testimony regarding what they did.

    In some jurisdictions leaving a subpoena with another adult in the household constitutes vaild service as to another adult in the household--perhaps someone else can speak to that specific issue as it relates to Michigan. If your husband doesn't show up then he may be held in contempt of court IF the court determines he was properly served. If he doesn't show up and the court deems the service to be improper it is possible that the trial may be continued and the subpoena reissued for a new court date, or the court could deny a motion for continuance and order the State to proceed with its case. If he does show up then it is all a moot issue anyway as I see it. If the person who believes he was not properly served with a subpoena believes it was improperly served but does not want to run the risk of being held in contempt, ordinarily he or a party's attorney could ask the court to quash the subpoena (which may simply lead to issuance of another subpoena).

    If you have made your attorney aware of all this you have done all you can do.

  3. #3
    Join Date
    Apr 2006
    Location
    assult and battery
    Posts
    4

    Default Re: Subpoena served to wrong person

    It was a subponea without doubt. The officer ask for me when my husband answered the door, and he said to me "Im serving you this subpoena to appear in court for a trial on June 27th". Nothing was said to my husband what so ever. As I stated after I shut my door, the officer came into the house and said "IM NOT DONE WITH YOU YET!!" he then went on about a no contact order which the judge removed 2 days after I was released, and he said he would make sure he told the judge about my "bad attitude". Sorry I dont serve coffee and doughnuts (I didnt say that to him, but have no reason to be rude either),

    I just want this to be done with...

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