Am I legally required to testify?

UPDATED: Oct 1, 2022

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Am I legally required to testify?

I was assaulted and the city of Westminster in Colorado pressed charges against
the defendant. The defendant has gotten 3 continuances and it is now about to go
to trial. Am I legally required to testify? And can I legally be get a subpoena
from the city forcing me to testify?

Asked on June 13, 2018 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are subpoenaed, you have to testify: without a subpoena, which legal process and mandates you to appear, it is voluntary to testify. If you want a subpoena for some reason--e.g. to show your boss, to get the day off--ask the district attorney's office; they will almost certainly provide one.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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