A: Yes, you can. If you do not come to court or do not remain there, then the judge can issue a warrant for your arrest.
What happens if I am arrested for not obeying a subpoena?
After your arrest, you are brought into court or before a Justice of the Peace. Then, you may be kept in jail until you appear in court to give your evidence. Even if you are ordered to stay in jail, a court may review your situation later and decide to free you from jail. A lawyer can advise you on what specifically may happen if you are arrested.
If I am arrested, is there an alternative to my being kept in jail until I give evidence in court?
Yes, the alterative is being freed on a recognizance.
What is a recognizance?
A recognizance is a legal obligation on you to appear in court at a specified time and place. A recognizance may have conditions. You must follow those conditions to stay free.
What is a recognizance with sureties?
A surety is an adult who undertakes to have you perform your recognizance – that is, undertakes to have you attend court at the time and place specified on your recognizance. A lawyer can advise you on what may happen to your sureties if you do not appear in court at the specified time and place.
I have a subpoena, but my spouse threatens to beat me if I go to court. What can I do?
Making that threat is a criminal offence. You can report the threat to the police, and they can arrest your spouse for obstructing justice. (If convicted, your spouse can face up to ten years in prison.) Also, there are family law methods to get protection against your spouse’s threats. For example, you can apply for an Emergency Protection Order: if you get it, your spouse is excluded from your home and cannot contact you. The police, a law office or the Family Law Information Centre can help you get protection. Even with the threats, you must still go to court. Victims Assistance can have someone come with you to court.
I have a subpoena but no memory about the things involved. What can I do?
You can tell the court you have no memory, but you must go to court. Before court starts, you may want to tell the lawyer who issued the subpoena that you have no memory. The lawyer, then, can discuss options with you.
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