What do I do if I was mailed a subpoena but I can't attend? 2 Answers as of October 25, 2016

I was mailed a subpoena to attend court as a witness in a criminal trial in a week and a half. I'm flying out of state the day before and can't make it. This trip has been planned for months.

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Connell-Savela
Connell-Savela | Jason Savela
Criminal subpoenas must be personally served, meaning a non-party over the age of 18 must give it to the witness. A mailed subpoena is not validly served in a criminal case. Unless, you sign the waiver of service and return it to the party. Ignore it. Go on your trip.
Answer Applies to: Colorado
Replied: 10/25/2016
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
Something in the mail is a request that you attend, and sign the "acceptance" so that they do not have to personally serve you. A subpoena is only valid if personally served or if you accept service. If you do not return the acceptance they may personally serve you and if so you then need to tell the lawyer that served you about your travel plans.
Answer Applies to: Colorado
Replied: 10/25/2016
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