[blesdby5]

A sherriff posted my subpoena on my neighbors door and she will not give it to me, because she is a friend of the person who assulted me. What can I do?? Isn't it illegal to withhold someone elsed personal information??

[LadyLoraLynn]

a sherriff posted my subpoena on my neighbors door and she will not give it to me, because she is a friend of the person who assulted me. what can I do??? isnt it illegal to withhold someone elsed personal information???

I'm not a lawyer, or even a member of law enforcement, BUT it seems to me this could be resolved with a call to the Sheriff's department. Tell them they posted YOUR subpoena on the wrong door and the occupant of that home refuses to pass the document on to you. Then state something like "I expect your department to resolves this matter since you are responsible for making certain the subpoena is delievered directly to me." Hope this helps. Again I have no way of knowing if this will work or if it's the legal way to handle it.

[ScottGem]

Your first response is absolutely correct. You contact the sheriff's office and explain the situation. They can have you come down and pick up a copy. But since today is Sunday and you probably won't be able to contact the Sheriff's office until Monday you might try an alternative.

Tell your neighbor, that if she doesn't give you the subpoena, you will be forced to contact the sheriff's office first thing tomorrow morning. If that happens, they will deal with her obstruction of justice, which is a criminal offense. You can also tell her that withholding the subpoena from you will do nothing since you are aware of it and will also be contacting the court Monday morning to check when you need to appear. So by withholding the subpoena she is only getting herself into trouble and not helping her friend.

Now I'm not sure what the exact charge would be against this person for withholding the subpoena. Since you failed to tell us where this is (ANY question on law needs to include your general locale as laws vary by area.) I can't look up the law on interfering with service. But I am reasonably certain that interfering with service is a crime. Whether someone will want to prosecute her for it, I don't know. That's up to the local prosecutor. But I suspect she doesn't know either.

One last point. How did you find out she had the subpoena? Clearly you are aware of it so her withholding it doesn't really harm you. If you are not aware of when you are required to appear, that will be easy to find out Monday morning.

[AK lawyer]

... But I am reasonably certain that interfering with service is a crime. ...

If it is, the neighbor did not commit such a crime. It wouldn't be "interfering", because we don't know if the neighbor did anything. Suppose, for the purpose of argument, that she removed it from her door and tossed it in a drawer. But for that act, OP still would not have received it anyway. Therefore there was no "interference" with service.

The sheriff obviously made a mistake by posting it on the wrong door. The net effect of this mistake is that OP cannot be punished for disobeying a subpoena he/she never received.

Sometimes there is a check for a witness fee which accompanies a subpoena. If the neighbor tries to cash this check, obviously the neighbor could get into serious trouble.

[ScottGem]

If it is, the neighbor did not commit such a crime.

Read it again. The OP stated the neighbor refused to give her the document. Yes, if the neighbor just tossed it in a drawer that would be one thing. But the OP apparently was made aware that the neighbor had it and has refused to turn it over. That is a different scenario then you proposed.

[blesdby5]

Your first response is absolutely correct. You contact the sheriff's office and explain the situation. They can have you come down and pick up a copy. But since today is Sunday and you probably won't be able to contact the Sheriff's office until Monday you might try an alternative.

Tell your neighbor, that if she doesn't give you the subpoena, you will be forced to contact the sheriff's office first thing tomorrow morning. If that happens, they will deal with her obstruction of justice, which is a criminal offense. You can also tell her that withholding the subpoena from you will do nothing since you are aware of it and will also be contacting the court Monday morning to check when you need to appear. So by withholding the subpoena she is only getting herself into trouble and not helping her friend.

Now I'm not sure what the exact charge would be against this person for withholding the subpoena. Since you failed to tell us where this is (ANY question on law needs to include your general locale as laws vary by area.) I can't look up the law on interfering with service. But I am reasonably certain that interfering with service is a crime. Whether someone will want to prosecute her for it, I don't know. That's up to the local prosecutor. But I suspect she doesn't know either.

One last point. How did you find out she had the subpoena? Clearly you are aware of it so her withholding it doesn't really harm you. If you are not aware of when you are required to appear, that will be easy to find out Monday morning.

Thank you for your help, as soon as I said I was going to call the sheriff's office her whole demeaner changed and she gave them to me! Thanks and have a blesd day!!

[ScottGem]

I had a feeling that would happen. Her friendship would only go so far.

Doesn't appear she thought through what the consequences to her would be.