Q: If a subpoena is mailed to a victim in a dv case does it become Binding. If the victim does not show how is there a case
My public defender called me and said my wife stopped by his office and wanted to tell him she lied. That should bring doubt correct.
A:
Subpoena's must be served via: a sheriff deputy, private process server or an adult (over 18) that is not a party to the case. Mailing alone is not sufficient. Since you have an attorney, the attorney should handle the subpoena. When properly served, the recipient must appear in court. Failure to appear can result in sanctions. Depending on the judge and the situation, a failure to appear may result in the judge granting a continuance.
Talk to your attorney about the confession by your wife and its potential effects on your DV case.
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