If I'm served a subpoena in a 3rd degree assault case, do I have to go to court and would this violate my fifth amendment? 1 Answers as of December 05, 2016

I am the victim in a case which the state picked up because I'm not pressing charges. I do not wish to testify against the defendant but I was served a subpoena to testify.

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Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Failure to show up in court on a validly served subpoena would result in a warrant being issued for your arrest ? the subpoena is a court order so the warrant would be for failing to abide by a court order. You MIGHT be able to claim the Fifth amendment and not testify if the testimony you give would implicate YOU in a crime. Even if that is the case, it is typical that the prosecutor would grant you immunity from prosecution for any testimony you gave. You should consult a lawyer directly about this so they can review all of the specifics and give you a proper detailed opinion.
Answer Applies to: Colorado
Replied: 12/5/2016
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