Where and how should I be served with a felony summons? 3 things you should know.

Where and how should I be served with a felony summons? 3 things you should know.

Where and how should I be served with a summons? In today’s blog we will talk about subpoenas, not only what we talk about when we mention them, but this time we will focus on where people should be notified and how.

What is a subpoena?

Before getting started on the main topic, it is important to give a brief introduction to what subpoenas are.

A summons is a document that the competent authority sends to a specific person, in order to inform them that their presence is necessary in a certain place, in this case a department, such as the Prosecutor’s Office, to carry out the investigation of a crime.

Where should I be notified?

This question is very common among people since many times we hear that they leave citations at homes, at work, with relatives, etc., however this is not correct.

Although it is true, when a victim goes to give his statement before the public prosecutor and gives the address of the accused, he generally only mentions the data that he knows or remembers, this is the main reason why they leave the subpoenas in the wrong places.

However, the authority has the obligation to verify the data that were provided, and once the accused in this case, appears to render his statement, he has the right and at the same time the obligation to provide his address, which must be sent to him. all citations.

What are the ways in which the public prosecutor can find out the correct address of the accused?

As previously mentioned, the public prosecutor can collect information directly from the victim.

But the most appropriate, since at the same time it is more accurate, is when the authority carries out the investigation acts, where it is generally in charge of turning offices to different agencies such as CFE, CESPM, CONAGUA, among others, everything this with the purpose of gathering that information that is useful to find the person’s address.

How should I be served with a summons?

There are certain rules when delivering a notification regarding a summons, these follow the provisions of article 82 of the National Code of Criminal Procedures, which establishes the following:

Article 82:

1) The notifier must ensure that it is the address indicated. Then, the presence of the interested party or his legal representative will be required. Once any of them has been identified, he will give you a copy of the order or the resolution that must be notified and will obtain his signature, stating the data of the official document with which he identifies. Likewise, the identification data of the public servant who practices it must be recorded in the notification act;

2) If the interested party or his legal representative is not found in the first notification, the notifier will leave a summons with any person who is at the address, so that the interested party waits at a fixed time on the next business day.

3) If the person to whom it is to be notified does not attend the summons, the notification will be understood to be with any person who is at the address where the procedure is carried out and, if he / she refuses to receive it or if the address is closed, It will be carried out by instructions that will be posted in a visible place in the home.

In all of the above cases, it is important that the clerk record what happened.