How do I quash a subpoena?

Question

I've been "commanded" to appear in court to testify, but I don't want to go. I know that's not a good enough reason. The court date is a week after school starts, I'm still nursing my child, and the defendant said he and the prosecutor have come to an agreement anyway. I really don't want to testify only for fear of incriminating myself somehow, but I all in all just don't want to go at all. Any suggestions? Do I call the number on my subpoena?

Answer 1

You can't quash a subpoena. You can call the number on the subpoena and tell them that you intend to take the 5th amendment and they may have you come in and take the 5th and release you, but you must go.

Answer 2

Not easy to quash a subpoena and really requires an attorney.  Nursing your child isn't a reason.  If you plan on pleading the 5th, you still have to appear to plead it.

You don't say if it's a courtroom or a deposition subpoena.  If it's a deposition, oftentimes they can work with you a little bit to accomodate your schedule (a little bit).  In a court case, not so much.

If you think the case is being resolved and you won't be needed, call whoever issued the subpoena and ask them.  If they say they don't need you, ask them to send you something in writing.

Answer 3

To quash a subpoena, you would have to file a motion and appear in court anyway, or have an attorney appear for you.

If the D.A. and the defendant have "come to an agreement", the D.A. can withdraw the subpoena.