Legal Question in Criminal Law in California

My wife does not want to go to court for someone that molested our son. I always intercept the summons amd destroy them in front of the server or i delete the texts. She was not even around durning the crime. Does she have to go and does she have to say anything, refuse defentat


Asked on 8/28/17, 11:16 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You may find that the process server submitted to the court a 'proof of service' as a result of handing the papers to you on behalf of your wife, regardless of what you said or did with them. The Court does not care for people trying to ignore or 'dodge' service, and has established lenient service rules that allow 'valid' service on spouses, etc. She should consult with a local attorney to determine what her obligations and duties are in this case. If she is considered to have been served, and ignores the summons, the Court could issue an arrest warrant to compel her appearance.

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Answered on 8/30/17, 1:17 pm


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