Colorado Sex Crime Attorney Blog

Subpoena in Denver and Jefferson County | What is a Subpoena in Colorado?

Posted by Kyle B. Sawyer | Dec 12, 2016 | 0 Comments

Learn more about a subpoena in Colorado.

Image Credit: Pixabay – jarmoluk

In Denver and Jefferson County, both the defense and prosecution are able to use subpoenas. A subpoena is a document which requires experts, witnesses and victims to appear in court. A subpoena can be vital for a criminal defense lawyer defending your criminal case, whether you've been accused of Sexual Assault on a Child, Unlawful Sexual Contact or Incest. In today's blog, we'll discuss two types of subpoenas and what you might expect should you choose to serve one of them.

Subpoenas in Douglas County: What is a Subpoena and Is It Useful?

In Douglas County, one type of Subpoena is a normal subpoena. This is a document that is served to someone, requiring that they appear in court at a certain time and date. Serving a normal Subpoena can be challenging in some cases, as the defendant must locate the person and have them served by an uninvolved person. For example, sometimes the person the defendant is looking to locate has moved, so it can be costly and timely to find that person. But, if that person can provide important information in your criminal case, locating them is worth the time, effort and money. Serving a normal Subpoena can also be challenging, because it can be risky having someone testify who is unhappy about being required to appear in court. That person's answers to the defense and prosecution can sometimes hurt your case rather than help it, so you must be careful.

Subpoena Duces Tecum in Arapahoe County: What is a Subpoena Duces Tecum?

In Arapahoe County, the second type of subpoena is called a Subpoena Duces Tecum. A Subpoena Duces Tecum requires a person to appear in court, while also requiring they bring evidence or documents with them. For instance, let's say a child falsely accuses you of sexually assaulting them, but they were medically examined after the alleged incident occurred. In this case, you can serve the hospital where the child “victim” was examined with a Subpoena Duces Tecum. This would require the hospital provide you with all medical records related to the child, which could be used as evidence for your defense in court. The same goes for a huge variety of documents and items which can be helpful to your defense.

Adams County Lawyer on Serving Subpoenas: What You Should Know

In Adams County, it's always best to have a witness voluntarily agree to appear in court. If someone voluntarily agrees to appear, you can serve a subpoena with a waiver of service. This means the person agrees to appear without being formally served a subpoena, meaning that person doesn't feel they were forced to appear in court. This might influence how they testify and have a more positive impact on your case. It is also important to make sure someone on your side speaks with all witnesses who you would like to have testify. You don't want to find that the person you believed would positively influence your case ends up hurting your case while testifying. Subpoenas can also be costly in Colorado. If you serve a subpoena in Colorado, you will need to have a process server carry out the service, which can cost between $40 to $100 for one subpoena. If you are considering serving a subpoena in Colorado, always consider the benefits and risks involved by speaking with one of our experienced criminal defense lawyers. We can help advise you on the best route to take moving forward in your criminal case. Call today.

If you or someone you love has more questions about serving a subpoena in Colorado, be smart and exercise your right to remain silent. Then, call a criminal defense lawyer at the O'Malley Law Office at 303-830-0880. Or, fill out the “Get Help Now” form on the side of this page. Together, we can protect your future.

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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