Legal Question in Criminal Law in Colorado
Do you have to be personally handed a subpoena to appear in court for it to be binding or is just mailing one enough. The incident happened in Colorado but I live in Wyoming and it is to testify for the State, I didn't press the charges.
2 Answers from Attorneys
In criminal cases, the subpoena must be personally served - meaning that mailing is insufficient (unless you sign the waiver and return it).
You need to be personally handed a subpoena. The state will often send them by mail, hoping to save the expense of personal service. They will include a waiver, directing you to sign the waiver and return it. If you do, GOTCHA... the subpoena is binding. It is one of the state's dirty tricks. The state can make it appear as if you MUST sign the waiver. In reality, if you do not sign and return the waiver, they just have to do the same thing the rest of us have to do: personal service.
Related Questions & Answers
-
How long does the detective/ district attorny leagely have time to build evidence to... Asked 10/27/10, 2:00 pm in United States Colorado Criminal Law
-
Back in 2008 i was charged with a petty disorderly conduct. I got a lawyer and we go... Asked 10/25/10, 12:18 am in United States Colorado Criminal Law
-
If someone is charged with a petty drug offense in Colorado, but the charges are... Asked 10/21/10, 8:19 pm in United States Colorado Criminal Law
-
I am charged with a 2nd degree assult and dont like the plea offer from the da which... Asked 10/20/10, 12:13 pm in United States Colorado Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
