Do You Need a Defense Attorney if You Receive a Criminal Summons?

Receiving a criminal summons or court summons typically happens when a court first initiates the legal process in a case. A court summons can be issued to a wide variety of different individuals and the people in question do not necessarily have to be the defendant in the case. If you receive such a summons asking you to show up in court on a certain date, here are some tips to keep in mind.

Summons Versus Subpoena

These two terms are often confused so let's clear things up. A summons is issued when the court case is first starting and the court is trying to get all of the interested or involved parties to show up on court on a certain date. You might be served a summons if someone is suing you in civil court for example. But you could also be served a summons if you are a person of interest in the case, even if you are not the person being sued. 

But a subpoena is typically served not at the start of the case but after it is already underway. Someone has decided that you have evidence of some kind that is crucial to the outcome of the case and the subpoena is served to compel you to either provide that physical evidence or your verbal or written testimony.

You May Want a Lawyer Even If You Aren't the Defendant

Depending on the circumstances of the case, it might be worth contacting a defense law attorney even if you are not the primary target of the plaintiff. Regardless of who you will testify against, that side's lawyer may try to trip you up in court to make your testimony or evidence appear weak. A good defense law attorney can prepare you for testimony and make sure that you don't say anything that will cause further issues for you.

Your Lawyer May Be Able to Show Up On Your Behalf 

Did you receive a summons but you are not the defendant and the time and day are inconvenient for you? Hiring a lawyer may allow you to send someone in your place to represent you. This won't always work, but your lawyer can reach out to the court in advance of the court date and let them know what the situation is. Even if you are the defendant, you may be able to use a lawyer in your place for the first court date if it is a civil and not criminal matter.

For more information about the process, contact a defense law attorney.


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