Q: Do I need to be on call to testify in court if I never received a subpoena in Colorado?
I was involved in an armed gas station robbery in 2019. DA called me Feb. of this year and admitted they were sending everything to the wrong person with my same name despite having my police report and information. They said the lead investigator would call me in March. Never did. I finally called them 2 weeks ago, the wrong person's address was still on my witness account. Someone from the DA's office finally called me back Thursday and just assumed I got a subpoena, I told them no because they kept sending everything to the wrong person. They verbally told me I'm not on the witness list but need to be on call from 8am-5pm Tue, Wed, and Thu for the trial. I have never received a subpoena and just had that conversation telling me I need to be on call. Tue is my birthday, I have appointments on Wed that can't be rescheduled, and I simply do not care to be on call especially given their negligence in being unable to properly contact me. Am I legally obligated?
If you have not been personally served with a subpoena you have no legal obligation to appear. However, I assume you are important witness since, as you say, you were "involved in an armed gas station robbery." Unless you were a participant, you might want to give some thought to appearing because it seems to you to be the right thing to do. Maybe, maybe not. Your call.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.