Criminal Defense
Since 1993
Since 1993
What Happens If I Don’t Show Up for Court? (The Truth About Subpoenas)
By: John Guidry
We Americans can be a rebellious group.
I’ll go out on a limb here and claim that we are more rambunctious than most countries. Just look at the metric system. In the 1970s, both Canada and the U.S. passed laws to convert to metric. Canada followed the law. We ignored it.
Why? Because we are Americans. We don’t like being told by some Supreme Authority how to measure things. We don’t like being told what to do.
But this brings me to the topic of the day: When a letter comes in the mail telling you to show up for court, must we drop everything and appear?
Received a subpoena and wondering if you have to go?
Ignoring a court order is risky. Call John today at (407) 423-1117.
It’s Not an Invitation (RSVP Not Required)
One judge put it like this (paraphrasing): “Ma’am, take a look at that subpoena. Do you see the words RSVP anywhere on the document? No. This is not an invitation, it is a court order. If you disobey my court order, there will be consequences.”
So, what happens if you don’t show up?
- The Bad Scenario: The judge holds you in contempt of court (fine, jail, probation, nasty stuff).
- The “Maybe” Scenario: Nothing happens.
It all depends on the facts of the case and the county. We have 67 counties in Florida, and each one treats this issue differently—which is why you need an attorney.
The Myth: “No Victim, No Case”
Most alleged victims think that if they don’t cooperate, the case will be dropped. This is the most common urban myth out there. “I don’t need an attorney because my girlfriend isn’t cooperating.”
Don’t believe the hype. Victim cases can—and do—move forward without a victim testifying. Murder cases are the prime example; the victim never testifies, yet convictions happen every day.
Why Victims Recant The vast majority of reluctant witnesses are involved in domestic violence situations. Often, alcohol was involved. Alcohol fuels arguments where people say things they don’t mean. When the police show up, they take these drunken statements as gospel. Upon sober reflection, many people realize, “I wrote that? That didn’t happen.”
Was the Subpoena Even Real?
To understand if you must appear, we need to look at how you were told to appear.
1. The Verbal Command (Not Binding) I once had a client who impersonated a police officer. He “arrested” a woman, then released her and verbally told her to appear in court. Was she required to go? No. Nothing binding happens verbally outside of the courtroom. If a stranger (or even a voice on the phone claiming to be a prosecutor) tells you to be in court, verify it with a lawyer. A phone call is not proper service.
2. The Physical Hand-Off (Binding) The only way to know for sure that you must appear is if someone with a badge personally, physically serves you with papers. If a process server shoves a paper titled “Summons” or “Subpoena” in your face, you generally have to go.
3. The U.S. Mail Loophole (Florida Specific) It is popular in Orange County for victims to receive subpoenas by U.S. Mail. Is our mail service perfect? No. Florida law permits the government to compel a victim to attend court via mail, but if the subpoena was only mailed, the person cannot be punished for failing to appear. Basically, you cannot be held in contempt for not receiving a piece of mail.
John’s Takeaways
- Appearing vs. Testifying: There is a difference between being forced to show up and being forced to talk. Even if a subpoena compels you to appear, Florida law (and the sanctity of the family doctrine) may protect you from being forced to testify against a spouse or loved one.
- Get Verification: Never take a phone call or a verbal command as the final word. Unless you have a paper in hand, be skeptical.
- Don’t Navigate Alone: The rules on this are nuanced. Defense attorney Bob Fisher recently won a case where the judge admitted he could force the victim to appear (for identification purposes) but could not force her to testify. Most people wouldn’t know how to argue that distinction without a lawyer.
Don’t Guess with Court Orders
If you are a witness or a victim and you aren’t sure if you have to show up—or if you have to testify once you get there—do not guess.
Call me at (407) 423-1117. Let’s figure out what is legally required.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.