Legal Question in Criminal Law in Pennsylvania
subpoena
I would like to know if my 21 yr old daughter receives a subpeona from Pennsylvania and she is staying with me in New Jersey does she have to obey the order?
3 Answers from Attorneys
Re: subpoena
If a subpoena was issued to your daughter from a court in Pennsylvania and she is currently living in New Jersey she must still comply with it. If not, the court has the power to issue a warrant for her arrest. If that happens, your daughter can be arrested in New Jersey even though the warrant issued from a court in PA. I am an attorney who has handled numerous criminal cases in New Jersey in the past. If you would like to discuss this matter further you can call me at 908-272-0111. Thank you. Sincerely, - Ronald Aronds, Esq. -
Re: subpoena
I must disagree somewhat with the other response. If a PA court issues a subpeona for a New Jersey resident they on it's face the NJ person does not have to comply. HOWEVER, if PA goes through the process of Interstate Agreement then PA will petition the NJ court to enforce the subpeona and then NJ will serve and enforce the PA subpeona upon your daughter. It is a somewhat longer process but your daughter can be forced to appear on the subpeona in PA by the NJ courts.
Re: subpoena
There is a procedure by which one can be subpeonied to testify in another state. It requires that a court action be started here in New Jersey for an order compelling testimony in another state. It is best to seek counsel when the subpeona is served because it all depends by what court the subpeona is issued.
Gary Moore, Esquire
Hackensack, New Jersey
www.dwitrials.com
800 273 7933
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