How a Subpoena Works

[mam85]

Earlier in 2009, my brother, my dad, and my sister got into a drunken, alcohol induced fight. My brother was arrested for simple battery. He is scheduled to go to court tomorrow for this. He spent two months in jail when this first happened but he is out now and he has completed all the requirements they gave him earlier (required community service, intense probation, treatment classes, etc.) His court date has been pushed back until tomorrow but yesterday my dad and my sister both received subpoenas in the mail for a court date for a jury trial on Tuesday, the 19th. All of us are confused as to how this works. Isn't my brother the one who is allowed to request a jury trial? If he nor his lawyer requested one, how did he get one? Also, why doesn't my brother nor his lawyer have any record of a new court date? If the state is sending subpoenas to people involved, shouldn't his lawyer have time to subpoena witnesses that were there (such as me and my other sister?) They only sent subpoenas to the "victims." Also, he called his lawyer and they told him it's considered a "court call." What is that and how does that affect him? If he does not go to court that day, what will happen (seeing as to how he wasn't informed of a new court date)? Any help would be greatly appreciated!

[Mr. Knowitall]

Either the defendant or the prosecutor may request a jury trial.

We have no way of knowing why your brother and his lawyer did not receive notice of a court date. His lawyer should be able to figure that out with the court. His lawyer can also advise him of the consequences of a failure to appear.

If the defendant and his lawyer have not asked the state to issue subpoenas on the defendant's behalf, the state won't be issuing them.

A "court call" is likely what the court calls its docket. The terminology will vary by state, and you ignored the instruction to identify the one involved.