The subpoena was left stuck in my door. It was issued by the state to testify against my ex on domestic violence charges. We are no longer together and I do NOT want to testify. I tried to drop the charges but was told I couldn't because the deputy had filed the charges. Since I wasn't served personally, do I have to appear in court? Is there any way I can get out of this?
First, let me state I don't practice criminal law. Under the Alabama Rules of Civil Procedure the subpoena has to be delivered to the person individually OR it can be left at the person's house with someone of "suitable age" who resides therein. IE It could be left with a spouse, brother/sister or child who lives at the house. WIth that said, even if it wasn't served correctly (I'm not saying it was or was not) I would strongly encourage you to show up pursuant to the subpoena. You can also contact the asst. district attorney on the file and see what the status of the case is and tell him/her how you feel and they will let you know what you need to do.