Legal Question in Criminal Law in Colorado

Re: No trouble needed

not necessarily. You have to be served appropriately to be required to appear in court. you can refuse to testify or change your story to include facts supporting self defense or eliminating husband's violent acts, if true. As the victim, you can ask the prosecutor for a light sentence. But know that many do this and the prosecutor does not have to follow it.

prosecutors often do not properly serve people and that may be the best way to win the case.

Re: No trouble needed

If you are ordered by a judge to appear in court, or if you receive a subpoena directing you to appear, you will have to testify, or face charges of contempt of court.

How you testify is up to you. A jury will see if you are unenthusiastic, and wished you could have settled the issue out of court. But if you do testify, you should tell the truth.

Chances are good, however, that you will never have to testify, or even receive a subpoena. This is because most defendants agree to take a plea bargain with a reduced sentence, or even a reduced charge, before they get anywhere near trial.

You headed your question, "No trouble needed." It sounds like you already have trouble, and may want to ask yourself a different question: is it worth it to you and your son to be beaten again before something happens to change your husband's behavior? How many beatings will it take before it isn't worth it anymore?

Good luck.

Re: No trouble needed

To force you to testify, the DA will have to personally serve you with a subponea. Service by mail is not good enough. It must be handed to you personally. If you are not properly served, you do not have to go to court. If your son is a minor, the DA must serve you with a subpoena to bring him to court. Most often in misdemenor cases, the DA does not make much of an effort to personally serve alleged victims and witnesses of crimes. They make more of an effort on felony cases. Also, the DA will send you a form to fill our asking what you want to have happen in the case. You can write how you feel. If you want the charges dropped, tell them that. Remember, if you come to a court appearance, or go speak to the DA in person, they could serve you with a subpoena. If you do not want to be served, it is best to correspond by mail and phone. If you are properly served, then you have to come to court, or risk being held in contempt.

Re: No trouble needed

As said in another post, "to force you to testify, you must be served a subpoena." While that is somewhat true, it is not entirely the case. You can be forced to testify if you are mailed a subpoena, and you mail back a card saying you waive personal service. Either way, watch your back.