TRY ME!
Subpoena Service And Warrants
Summary
In Missouri, a subpoena must be personally served or left with a responsible person at your residence to be valid. If not properly served, you are generally not considered served, and a warrant for not appearing in court may not be issued. However, if a warrant is issued in one county, it can be active in another. To challenge service validity, file a motion to quash. Checking for warrants can be risky; consulting a lawyer is advisable. An affidavit of truth may influence charges but doesnt guarantee dismissal. Contradictory statements can have legal consequences, so legal advice is crucial.Full Conversation
My boyfriend is in jail on a domestic assault charge and I am the victim. He had his preliminary hearing today and I didn't go. He goes to court again on */*/*. I imagine they will try to serve me a subpoena to be there. My question is, if they don't serve me papers directly, am I still considered served? And will I get a warrant if I don't show up in court?
Hi Amber!
- You must be personally served with a subpoena for it to be valid.
- If you are not served directly, you are generally not considered served.
- Failure to appear in court after being properly served can lead to a warrant for your arrest.
Do you want more details on the serving process in Missouri?
- You must be personally served with a subpoena for it to be valid.
- If you are not served directly, you are generally not considered served.
- Failure to appear in court after being properly served can lead to a warrant for your arrest.
Do you want more details on the serving process in Missouri?
No. But what if the officer gave the papers to my sister? Am I still considered served and do I have a warrant for not going to court even though I was never properly served?
In Missouri, for a subpoena to be valid, it generally needs to be served to you personally or to someone at your residence who is of suitable age and discretion. Here's a brief breakdown:
- Personal Service: The subpoena must be handed directly to you.
- Substitute Service: The subpoena can be left with a responsible person at your residence.
If the officer gave the papers to your sister and she lives with you, it might be considered valid service. If you fail to appear in court after being properly served, a warrant could be issued.
Would you like more details on challenging the validity of the service?
- Personal Service: The subpoena must be handed directly to you.
- Substitute Service: The subpoena can be left with a responsible person at your residence.
If the officer gave the papers to your sister and she lives with you, it might be considered valid service. If you fail to appear in court after being properly served, a warrant could be issued.
Would you like more details on challenging the validity of the service?
Yes I would.
In Missouri, you can challenge the validity of the service by filing a motion with the court. Here are the key points:
- Motion to Quash: File a motion to quash service, arguing improper service.
- Proof of Service: The court may require proof that proper service was not made.
Would you like more information on how to file a motion to quash?
- Motion to Quash: File a motion to quash service, arguing improper service.
- Proof of Service: The court may require proof that proper service was not made.
Would you like more information on how to file a motion to quash?
I go to court in pemiscot county on January 7th *. If I wasn't properly served the subpoena to dunklin county and therefore did not go to court today, did they issue a warrant in dunklin county today? And if they did will I go to jail in pemiscot county when I go to court on January 7th?
If a warrant was issued in Dunklin County for not attending court, it will likely be active in Pemiscot County as well. You might be detained when you appear in court on January 7th.
Do you want more information on how to check for active warrants or how to address the warrant before your court date?
Do you want more information on how to check for active warrants or how to address the warrant before your court date?
Yes, please!
In Missouri, you can check for active warrants by contacting the local law enforcement agency or the court clerk's office. Here's how:
- Contact the Court Clerk: They can confirm if a warrant is issued.
- Local Law Enforcement: They can also provide information on active warrants.
Would you like specific contact information for Dunklin County or Pemiscot County?
- Contact the Court Clerk: They can confirm if a warrant is issued.
- Local Law Enforcement: They can also provide information on active warrants.
Would you like specific contact information for Dunklin County or Pemiscot County?
That is not true. You cannot check with your court clerk or whoever to see if you have an active warrant in pemiscot county. When you call to check on a warrant they tell you to bring yourself and your ID with you and they will let you know when you get there. They're little plan to lock you up.
I understand your concern, Amber. In Missouri, it can be difficult to check for active warrants without risking arrest. You might consider consulting with a lawyer who can check on your behalf or advise you on the best course of action.
Would you like more information on finding legal assistance for this situation?
Would you like more information on finding legal assistance for this situation?
My boyfriend went to court today and dumplin county. He was told that when he goes back to court on January 16th *, that he will be released if the victim does not show up for court. Is this completely true?
Amber, generally, if a victim does not appear in court, it can weaken the prosecution's case. However, whether your boyfriend will be released depends on various factors, including the judge's discretion and other available evidence. It's not an absolute guarantee.
Has your boyfriend's lawyer provided any advice on this situation?
Has your boyfriend's lawyer provided any advice on this situation?
Well since you're a lawyer and I'm talking to you now, can you check and see if I have a warrant in dunklin county and also in pemiscot county?
Amber, I can't check for warrants directly, but I recommend contacting a lawyer who can help you safely check for any active warrants. They can advise you on the best steps to take if a warrant is found. Would you like information on finding a lawyer in Missouri?
Yes, please. I would love one that I could contact immediately to find out this information. I really wanted to take a little stroll tonight before it gets unbearably cold out there and just you know breathe a little. But if I have warrants that would be retarded as f***. So I would really really appreciate your help and contacting a lawyer right now to find out do I have warrants and am I going to jail when I step foot outside this house ... You're awesome thank you.
Amber, I understand your urgency. Here's some information for you:
Phone: (*) *-*
Website: www.missourilawyershelp.org
They can connect you with a lawyer who can check for active warrants on your behalf.
Do you need more details on how to contact them?
Missouri Bar Lawyer Referral Service
Phone: (*) *-*
Website: www.missourilawyershelp.org
They can connect you with a lawyer who can check for active warrants on your behalf.
Do you need more details on how to contact them?
If I write an affidavit of Truth and get it to the prosecutor stating that my boyfriend did not assault me, and anyone else who might need that, before the next court date would that possibly get the charges dropped and him released before court?
Submitting an affidavit of truth may help the prosecutor reconsider the charges, but it doesn't guarantee that they will be dropped. The prosecution might still proceed with the case based on other evidence or considerations. Consulting with a lawyer for proper guidance is advisable.
Would you like more information on how to write an effective affidavit?
Would you like more information on how to write an effective affidavit?
But if the prosecutor does decide to drop the charges, is it possible that they could be dropped before he goes back to court and that he would also be released when they were dropped?
Yes, if the prosecutor decides to drop the charges, it is possible for them to be dropped before the next court date. If the charges are dropped, your boyfriend could be released from jail. Would you like more information on how to communicate effectively with the prosecutor's office?
Could you please explain to me or point me in the right direction to get the proper guidance to write an affidavit of Truth in Missouri as it needs to be written to effectively get my message across to the prosecutor and whoever else needs to know, that my boyfriend is innocent of domestic assault on me.
Hi Amber!
Here's a guide to writing an affidavit of truth in Missouri:
- Title: Affidavit of Truth
- Introduction: State your full name, address, and affirm that you're making the statement voluntarily.
- Case Details: Mention the case number, court, and parties involved.
- Statement of Facts: Clearly and truthfully describe the events, emphasizing your boyfriend's innocence.
- Signature: Sign in the presence of a notary public.
Would you like more details on any specific section?
Here's a guide to writing an affidavit of truth in Missouri:
- Title: Affidavit of Truth
- Introduction: State your full name, address, and affirm that you're making the statement voluntarily.
- Case Details: Mention the case number, court, and parties involved.
- Statement of Facts: Clearly and truthfully describe the events, emphasizing your boyfriend's innocence.
- Signature: Sign in the presence of a notary public.
Would you like more details on any specific section?
Yes. On the statement of facts please.
Hi Amber! Here’s a brief guide on writing the Statement of Facts section for your affidavit:
- Start with the date and location of the incident.
- Describe the events in a chronological order.
- Be clear and concise about your boyfriend's actions, emphasizing his innocence.
- Include any supportive evidence or witnesses.
Would you like more detailed examples or tips on how to structure this part?
- Start with the date and location of the incident.
- Describe the events in a chronological order.
- Be clear and concise about your boyfriend's actions, emphasizing his innocence.
- Include any supportive evidence or witnesses.
Would you like more detailed examples or tips on how to structure this part?
Yes.
Hi Amber! Here's a more detailed guide for the Statement of Facts section:
- Date and Location: Start with where and when the incident happened.
- Event Description: Write what happened step-by-step in the order it occurred.
- Boyfriend's Actions: Clearly state what your boyfriend did, emphasizing his non-involvement in any assault.
- Supportive Evidence: Mention any evidence or witnesses that support his innocence.
- Clear and Concise: Keep it straightforward and factual.
Would you like more detailed examples for your situation?
- Date and Location: Start with where and when the incident happened.
- Event Description: Write what happened step-by-step in the order it occurred.
- Boyfriend's Actions: Clearly state what your boyfriend did, emphasizing his non-involvement in any assault.
- Supportive Evidence: Mention any evidence or witnesses that support his innocence.
- Clear and Concise: Keep it straightforward and factual.
Would you like more detailed examples for your situation?
Yes.
Hi Amber! Here’s a detailed example for your Statement of Facts section:
- Date and Location: "On December *, *, at our residence on * Main Street, Caruthersville, MO."
- Event Description: "Around * PM, an argument began over a minor disagreement. Voices were raised, but no physical altercation occurred."
- Boyfriend's Actions: "My boyfriend, [Boyfriend's Name], remained calm and did not assault me in any way. He left the room to cool down."
- Supportive Evidence: "Our neighbor, [Neighbor's Name], witnessed the argument through the window and can confirm no physical assault took place."
Would you like more tips on gathering supportive evidence or contacting potential witnesses?
- Date and Location: "On December *, *, at our residence on * Main Street, Caruthersville, MO."
- Event Description: "Around * PM, an argument began over a minor disagreement. Voices were raised, but no physical altercation occurred."
- Boyfriend's Actions: "My boyfriend, [Boyfriend's Name], remained calm and did not assault me in any way. He left the room to cool down."
- Supportive Evidence: "Our neighbor, [Neighbor's Name], witnessed the argument through the window and can confirm no physical assault took place."
Would you like more tips on gathering supportive evidence or contacting potential witnesses?
. I get in trouble if I said that he had assaulted me then but my affidavit of Truth says that he did not.
Hi Amber! If you previously stated that an assault occurred and now your affidavit says it did not, this could potentially raise issues of credibility and legal consequences for providing contradictory statements. It's crucial to consult with a lawyer to navigate this situation properly and avoid any legal trouble.
Would you like information on finding a lawyer who can assist you with this issue in Missouri?
Would you like information on finding a lawyer who can assist you with this issue in Missouri?
Start a new chat