Legal Question in Criminal Law in Colorado
Rights of a parent when their child is being subpoenaed
My 12 year old daughter and I are both subpoenaed to appear in court in a case involving domestic violence. I do not want my daughter questioned by the DA or made to testify.
Do I have the right to refuse permission for this and if I do, what are the consequences?
1 Answer from Attorneys
Re: Rights of a parent when their child is being subpoenaed
Before you make a choice, you must know if you were served with the subpoena properly. Often DA's subpoena witnesses through the mail. This is not personal service and therefore, you are not under a court order - you are not subpoenaed. If you got these notices through the mail, then you likely were not properly served.
If you were properly served, then you risk a contempt of court citation and a possible six month jail sentence. This is not likely, but possible.
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