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?
A: 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.
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