Domestic Violence (DV) victims often want to drop the charges later. In Boulder, Longmont, Broomfield, Weld, Greeley, Larimer, Fort Collins, Loveland, Adams, Brighton, Jefferson, Golden, and other Colorado counties, the prosecution will not dismiss the charges upon request. The prosecution will try to talk the victim out of dismissing the Domestic Violence (DV) charge. The prosecutor will then look at the Domestic Violence (DV) victim as recanting victim that told the truth to the police, but now is suffering from victim guilt due to the cycle of violence.
This can be true. Also, the Domestic Violence (DV) victim may realize that s/he caused the events by actions or inflammatory words that they left out when talking to police. The Domestic Violence (DV) victim may fear telling the truth would lead to charges against him or her. Maybe the Domestic Violence (DV) victim exaggerated the original facts. In these cases, the Domestic Violence (DV) victim can be charged with harassment, assault or false reporting.
I have represented Domestic Violence (DV) victims in these cases with success. I have had cases in Boulder and Longmont dismissed through these efforts.
In Colorado, a criminal subpoena must be personally served or get a valid waiver of service to be a valid court order. This means that the server (usually a sheriff deputy) personally identifies the subject and attempts to give them the document. It does not have the touch the person and the person does not have to take it. The server must have a good faith reason to believe the person they are looking at is the subject of the subpoena. They usually just ask for the subject and if the subject says, "that's me," they hand them the document.
Contact a Colorado criminal defense lawyer representing clients in Boulder, CO today to schedule your initial consultation.
A mailed subpoena can become a valid court order if the waiver of service is signed and mailed back. When a subpoena is mailed, the letter makes it seem like there is a mandatory requirement to sign the waive and mail it back. This is not the case. You do not have to mail it back or waive personal service. BUT, if you sign it and mail it back, then it is a valid court order with contempt of court consequences.
In Boulder and Longmont, if a Domestic Violence (DV) victim tries to get the case dismissed, the prosecution will personally serve a subpoena on the Domestic Violence (DV) victim to make them come to court (rather than mail a subpoena). In Adams county, the police will often subpoena the Domestic Violence (DV) victim the same night as the arrest.
FYI - there is never a requirement to answer your door. If you do not answer your door for anyone that you do not already know, then you will not get subpoenaed when you do not want to be. But, beware, you are not allowed to lie to the police. You do not have to answer their questions, but you are not allowed to lie.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney for issues regarding with your misdemeanor or felony. We represent clients in Boulder, Colorado and surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 260-7392 or complete our inquiry form.