Legal Question in Criminal Law in California

Re: Domestic Violence

Probably not. You can contact the attorney who issued the subpoena and see what you can work out, but if she doesn't agree you will have to appear.

Don't even think about ignoring the subpoenas if they remain in effect. You won't like the consequences.

Re: Domestic Violence

A subpoena is deemed effective when served.

Service can be established by showing the the individual was personally served (face-to-face hand-delivery to the person).

Or, if the subpoena is mailed, proof of service can only be shown IF the person acknowledged receiving the subpoena either by showing up in person or by calling or writing the prosecutor after subpoena was sent and during that contact they provided their name, DOB, or driver's license number to the prosecutor.

See CA Penal Code sections 1328 and 1328D

Re: Domestic Violence

You don't say what your husband's case is, but if it is a domestic violence case against you and your daughter, there may be a way for you and your daughter to avoid having to testify against your husband. This is a very tricky area of law, and I recommend you consult with a criminal lawyer about it before the court date. First, a mailed subpoena is not, without more, valid service. So you aren't required to go to court if that's the only kind of service of the subpoena you've received. And, there is a law that says the victim of a domestic violence case can't be required to testify against the defendant (your husband) if you don't want to. But it is very complex and can't be fully discussed in an email. You should contact a criminal lawyer in your area and discuss these matters. If your husband's case is in Los Angeles, please don't hesitate to contact me. Steve Mandell

Re: Domestic Violence

As previously said, subpoena by mail without more is not valid.

There are ways you could avoid being dragged to court to testify against your husband. Best discussed during a fully private and confidential consultation with a private criminal defense lawyer.

Feel free to contact me for additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com