Q: Can I be arrested for not responding to a subpoena that I have not received? I have recently received a phone call about an assault case that I witnessed. I have not received the subpoena yet. The case is over 200 miles away and I can’t afford the drive. So I’m stuck in a bind. Can I be arrest for not calling the prosecuting attorney back?
A: No, you can’t be arrested for not calling the DA back. You can only be arrested by not coming to court when you have received a subpoena. Wait could till you get a subpoena then contact the DA. You might want to call the DA back now and tell her or him your situation. Perhaps if you are a valuable witness they can compensate you for travel. Perhaps the case may be postponed, you never know unless you call.