Since the subpoena is a court order, failing to comply can result in fines or time behind bars. In Texas, a judge has the discretion to fine a witness up to $500 in a felony case and $100 in a misdemeanor case for refusing to comply with a subpoena. Under Chapter 24 of the Texas Code of Criminal Procedure, the judge can also issue a warrant for the arrest of the witness and hold them in custody until the trial or proceeding has concluded.