Legal Question in Criminal Law in Colorado

Re: subpoena for old sexual abuse case

Since it seems this man is to be tried in Colorado but you are in California, you may well be beyond the reach of a Colorado subpoena. I would need to know more about the case before I could say whether you could avoid testifying on this basis.

There is no statute of limitations governing how long after the fact a witness may be called to testify, nor is there any other rule which would have the same effect. Defense counsel may try to argue that your testimony relates to events so remote in time as to the irrelevant, but that is a call for the judge to make. A witness who has been subpoenaed does not get to decide whether or not the subpoena is a good idea or whether her testimony will matter, and may not decline to appear based upon such an analysis.

You say that "the state did not uphold their end of the bargain by enforcing his sentence", but parole boards are obligated to follow the law and it may well be that the board you addressed had no choice but to release this man. Even if it did have a choice, there may have been good reasons for its decision.

I urge you to cooperate with the prosecution to the extent that you can. Your testimony may make the difference between a short term in jail and a much longer term in prison, or even between an acquittal and a conviction. The longer this man is locked away, the less opportunity he will have victimize others. Your testimony can help spare several people the ordeal that you went through, and I submit that this is reason enough to put up with the aggravation, inconvenience and distress that testifying will cause you. Even if you can find a way to avoid testifying, the only person you will be helping will be the defendant; my guess is that he is just about the last person in the world you want to help.

Re: subpoena for old sexual abuse case

Was the subpeona "served" upon you or just "mailed" to you? If by mail, you do not have to honor the subpoena unless you sign and return a "waiver" of service. Otherwise, they have to hire an investigator where you live and have them hand the subpoena to you.

If you were served, the next step is to move to quash the subpoena. That you'll need help on. You may, and possibly should, testify against the defendant. He is likely hoping that you do not honor the subpoena, and will be elated if you fail to show. Your reaction to the subpoena may dictate whether he pleads guilty or not. Your intent to testify may force him to plead guilty to a harsher sentence.

There are ways to deal with this that will be less disruptive to your life. I've represented people in this spot before. There are ways to proceed besides just testifying or refusing to testify.

Re: subpoena for old sexual abuse case

First I would like to say that I am sorry that you had to go through such a terrible experience. However, please do not think of responding to the subpoena as helping "Them." Instead, think of responding to the subpoena as "helping society." Your appearance will probably have an impact as to whether or not this person will be found guilty of his current crimes and/or how long his sentence will be. We need people like this to remain behind bars and we need people like you to help keep people like this behind bars. Look at this as though you are doing all of us a service.