Question by Jameela A: Can a process server intimidate and threaten to arrest when a subpoena was never served?I know the following may be considered legal advice but I need someone to please answer as best as they can. or to your best knowledge.
My cousin was murdered and I am being called to testify for her killer's defense as a character witness against her. The defense attorney kept constantly calling me for the past 2 years and I never answer the phone. He recently called and said a judge signed a subpoena in my name and I would be served in a few days. He called me the night before the trial that I need to show up in court the next morning or he'd ask for an arrest warrant.
I am disabled and wheelchair bound and and I have extreme psychiatric (anxiety) problems. Seriously when I freak out I rip my clothes off and run (sometimes into walls). I get very irrational. Nonetheless I don't have transportation to accommodate my 350lb electric wheelchair. I am 400 lbs and paralyzed on my right side. Anyways I told him I couldn't attend and would not because I was never served. He refused to tell me WHEN he would. The next morning I received a call by someone that said they were a Deputy Sheriff from that county saying the judge had just signed an arrest warrant and he was coming to get me but he wanted to hear my side of the story. He said the lawyer had proof I was served. I told him my story freaking out and sent my documentation and a letter for the judge (the number he gave me) saying I had yet to be served.
He said he was gonna speak to the judge on my behalf to convince him to drop the warrant. He told me he was "informing me" that I am being given until Wednesday to appear and I better show up. I ended up in the hospital yet again.
My personal nurse noted the Deputy called from a number not listed in the court directories, but the only way to contact him was the court itself calling him physically and he'd take over from that phone. Over the weekend she redialed the number he called me from and his voice-mail said he was a deputy process server.
My question is...
1. Can he really come arrest me? (I was never served)
2. Could he be a real Deputy? (my county says they never administrate anymore process server and they would have to be privately hired)
3. Since he said the attorney told the judge he had proof I was served even tho I never was, can the judge really issue an arrest warrant?
4. Is this harassment? If so, can I report them to adult protective services or check with police if what is happening true or not?
Ive been having severe anxiety over this and been hospitalized 2 times in the last two weeks (had to be restrained). Can I get arrested if I freak out in court?
I have yet to be subpoenaed. This is taking a toll on my health and I feel like the stress is going to make me severely ill.
Best answer:Answer by The Great Quizoo
If a judge signed an arrest warrant, they can and probably wil arrest you. That's what arrest warrants do. The judge will only issue such a warran if he has a sworn affidavit from the process server that you were legally served.
You do NOT have the option of appearing or not appearing. If you wish the subpoena quashed, you have to get a lawyer who will appear before the judge to argue your case.
In other words: YOU NEED A LAWYER.
Know better? Leave your own answer in the comments!
