Am I obligated to appear at my husbands domestic violence trial? 3 Answers as of June 16, 2011

My husband is in jail for a domestic violence arrest. I came home and found a subpoena slid under my door. A local attorney told me that that was improper service and I am not obligated to appear. The Prosecutor told me he was wrong and that I could face a bench warrant if I do not appear. Who is telling me the truth? I do not want to testify against my husband.

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Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
A subpoena has to be handed to a person where you live, not merely slid under a door. You should advise your husband's lawyer of the nature of the service, so he could take action. Without proper service, you cannot be in trouble with the court. However, prosecutor's do try and say this is sufficient. With the right argument and a good judge, the service should be held as no good.
Answer Applies to: Colorado
Replied: 6/16/2011
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Subpoenas must be personally served or you must accept the service of the subpoena for it to be valid.
Answer Applies to: Colorado
Replied: 6/15/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
Technically, the subpoena is supposed to be served to you. However, because you actually received notice, you are risking potentially being held in contempt if you do not appear.
Answer Applies to: Colorado
Replied: 6/15/2011
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