So i have to go to trial if I was not properly/personally handed/served a subpeona?
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So i have to go to trial if I was not properly/personally handed/served a subpeona?
I am the victim in this case and I was asked by the defense attorney investigator if I want to drop charges in this case. I said I wrong want charges pressed I just want the defense to get alcoholism help, and counseling. There was another attorney that told me if I don’t get personally served then I don’t have to go. I was left the subpeona at my door. I did not pick it up my daughter 4 years old grabbed it and handed it to me. Does that still mean I was personally served? What happens if I don’t appear to court do all the charges get dropped?
Asked on November 28, 2016 under Criminal Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you don't appear, most likely the case will simply be rescheduled, not dropped, so not appearing will simply push this off. You are correct in that simply leaving the subpoena by your door does not constitute good service and so should be able to legally not appear--unless the process server can convingingly lie about giving to you or about having had a communication with you in which you told him to leave it by your door. (If he can convince the court he did one of these things, you could face sanctions.) All in all, you are better off appearing and simply honestly receiting at trial what happeneed and what you would prefer to have done.
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