Legal Question in Criminal Law in Maryland

I was sent a subpeona by regular mail (not certified) to appear as a witness to a domestic violence case in Howard County, MD. Do I have to comply with the subpeona since it wasn't properly served. The subpeona can from the state's attorney's office.


Asked on 6/09/10, 3:39 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

You can choose to not appear and risk the penalty.

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Answered on 6/09/10, 9:35 pm
William Welch William L. Welch, III Attorney

If you do not appear, the state may seek a body attachment, which permits the sheriff to arrest you and bring you before the court. The court will decide whether your argument that regular versus certified mail is valid service. I would not recommend that you make that argument. It is not as if no summons were issued, or as if you did not receive service at all, because the address was wrong. The court may decide to hold you in jail until the case resolves. You may also be charged with contempt of court.

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Answered on 6/10/10, 3:22 am


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