Legal Question in Criminal Law in Nevada

Re: subpeona

Simple Answer:

Yes, No and maybe.

The recanting girlfriend or wife who was so quick to call the cops to report a domestic battery, now doesn't want to testify at the trial.

Here is your answer:

Yes, all attorney's are officers of the court and will tell you that you must obey a validly served subpeona. ( Validly served means personal service- mail doesn't count).

No: People often don't listen to legal advise and sometimes "forget" or outright refuse to go. This will give the prosecuting attorney 4 options when you fail to appear: 1) They can ask for a continuance- one more time to get you there, 2) They can negotiate the case that day; 3) Depending on the facts of the case and the skill of the attorney go forward without you; or, 4) Ask for an Order to Show cause and

a warrant for your arrest.

The Maybe: If the prosecuting attorney exercises option 1 or 4, you may be forced to testify. In custudy, if neccessary. Whether or not they chose to do that depends on the severity of the crime or criminal history of the defendant. But make no mistake, the State has the absolute power to get you there if they want you. Its is rare but I have seen it done.

Joseph Scalia