In the criminal justice system, there are procedures in place to allow both the defense and the prosecution the opportunity to present their side of the case. In presenting these sides, sometimes specific people are needed to appear in court and testify. These may be witnesses, victims, or experts, but no matter their role, if a subpoena is issued, that person is required to appear in court in Weld, Morgan, or Logan County. Let’s look at the different types of subpoenas and the issues related to each.
Subpoena for Witnesses: A Tool for Greeley Lawyers
While it may seem like a simple task to get a witness to come to court in Greeley or Fort Collins and testify, that is not always the case. The first issue involved in the normal type of subpoena is locating the person you want to appear. It is the responsibility of the defendant (or the defendant’s lawyer) to locate and serve any witnesses with the subpoenas. It is not always easy to find and serve a witness in the appropriate time frame. The second issue is related to the witness’s unpredictability. Even though the law permits someone accused of committing a crime to bring people into their trial to answer questions, it can be a risky situation. If someone is unhappy about being forced to come to court, their answers to these questions may hurt the defense’s case. The best way to handle the witness subpoenas is to use investigators – who are more than willing to come and testify as it is part of their job – and to politely request a witness testify before springing a subpoena on them. Generally, if you can talk to the witness first and get them to voluntarily come to court, then they do not feel that you have put them out and are much more likely to be a helpful witness.
Subpoena Duces Tecum in Criminal Trials: Getting Documents and Evidence to Court
The subpoena we discussed above only addresses getting a witness to court. If you need someone to appear in court and bring a document or some sort of evidence with them, then you need to serve a Subpoena Duces Tecum. These types of subpoenas are used to access documents not always easily accessible, like ambulance or DHS records. Sometimes, just requesting these types of documents through phone calls is not enough. A formal subpoena is needed to force these agencies to hand over the documents pertinent to a case. The Subpoena Duces Tecum can require a person to come testify and bring specific documents with them, or it can stipulate that if the documents or evidence is provided by a certain date, then no one needs to show up at court to testify. Your Greeley criminal defense attorney can decide which is the most appropriate route to getting you exactly what you need to give you the best chance at trial.
Subpoena Tips for Greeley, Erie, and Evans Criminal Cases
Most importantly, it is usually in your best interest to get a witness to voluntarily accept a Subpoena or Subpoena Duces Tecum. When you do this, it is called a waiver of service – meaning you do not actually have to serve the person because they have already agreed. Angry witnesses can be unpredictable and even if they are completely truthful, their demeanor can play a role with the judge and jury. Also, prepare yourself for the possibility that a witness may not be helpful to your case. People are unpredictable. You may have prepared a witness and gone over the questions you are going to ask them, only to have them answer them completely differently in front of the judge or jury. Many criminal cases are about taking sides and sometimes witnesses end up choosing the other side and are more helpful in proving you guilty. It’s always best to prepare and know what they are going to say. If they have one good point, but three negative points, you have to evaluate their value to your case and whether the negatives will overpower the good. Never subpoena a witness without talking to them first.
Subpoena Costs in Weld, Morgan, and Logan County
The most expensive part about subpoenas is the cost to have it served by a process server on a witness. Depending on who you choose to serve it, the price can range from $40 to as much as $100. This can vary depending on how many times the process server has to try and contact the person, how quickly you need it to be served, and how far the process server has to travel to serve the person. Sometimes, you can get the documents, evidence, or the person to appear without the need for a subpoena, so consider all angles before investing in something that may be unnecessary.
Our criminal defense attorneys are experienced and loyal to you. We love proving your innocence. We know how to use a subpoena and Subpoena Duces Tecum to protect you. Call us today at 970-616-6009. Together, we can protect your future.
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