These body attachments can be terrifying. When witnesses fail to appear in court as per their subpoenas, especially in a criminal case where someone's freedom is at stake, the person who issued the subpoena can request a body attachment from the judge. Once issued, if law enforcement encounters the individual, they will be arrested, taken into custody, and brought to court at the next scheduled date. The fear of being arrested can be overwhelming.
That's not a good thing. What if the next court date isn't two weeks away? How do you even get out of a body attachment once you're caught? You can't post any bail or anything. So, that's a scary thing. I was watching a prosecutor who had subpoenaed somebody to appear and was saying he wanted a body attachment issued. It held.
There can be a moment of relief. The prosecutor wasn't planning to apprehend the person immediately. The judge, in turn, required proof of service before issuing the body attachment. This reprieve can be a relief in an otherwise stressful situation.
What Happens If You Don't Show Up in Court?
So, that's how serious judges take those things because they don't want someone to be arrested and taken into custody if things weren't done properly. That's why, when people call me and say, 'I'm supposed to appear in court,' I'm supposed to appear in court. What if I don't show up? What will happen? And I say that if they issued a subpoena, served it, and put it in your hand, and you don't show up, the consequences could be severe.
They could just ignore it if they don't really need you as a witness, or they could ask the judge to issue a body attachment in Los Angeles County and then take you into custody when they get their hands on you and force you to come in. Then, the judge will order you to testify, and the consequences of not showing up could be severe.
A lot of people think they can plead the Fifth, but you really can't plead the Fifth unless you actually might incriminate yourself, and you have to show that you're going to incriminate yourself. You'd have to have an attorney telling the judge, for example, that you're going to incriminate yourself, and they're advising you not to testify. Otherwise, the judge is going to order you to testify, and they're going to bring you in there.
It would be best if you Were Personally Served.
These body attachments are intimidating because nobody wants to be taken into custody. Nobody wants to be taken into custody. Nobody wants to be held against their will. However, there are circumstances where the person attempting to obtain the body attachment doesn't properly serve the individual for whom they're seeking the attachment in a criminal case in Los Angeles. Then, the body attachment will not be issued by the judge.
Proper service is crucial. If the police simply leave the subpoena at your home and you fail to appear, this is not a valid reason for a body attachment. Similarly, receiving a subpoena in the mail for a criminal case is not sufficient. Personal service is a key part of the legal process and cannot be overlooked.
Then, they must submit a declaration under penalty of perjury to the person who personally served you with the subpoena, and subsequently request a body attachment from the judge to compel your attendance in court related to that matter for testimony. This is the process that must be followed.
So, bet your bottom dollar that in criminal cases in Los Angeles, those body attachments are issued frequently. Sometimes, they're issued, and when law enforcement comes into contact with that person, they will be arrested.
Other times, they're issued and held so the person that had it issued can hold the court's feet to the fire and keep jurisdiction if they need it; if push comes to shove, they need that witness — the case is going to start a trial, their preliminary hearing and they want that witness to testify, then they can issue the bottom attachment — send the police over, grab that person and get them in to testify. Please contact our law firm for further information.
