Witness and Victim Subpoenas

The most viewed topics on this blog have been about subpoena issues, the service of subpoenas, and the penalties regarding a witness not appearing in court after being subpoenaed, so here is the first article this blog posted about subpoenas. 
Many witnesses, including alleged victims, have questions regarding subpoenas in a criminal case, especially domestic violence cases.  Often, the alleged victim in a battery domestic violence case does not want to testify against the defendant in a case for a multitude of different reasons.  
Compelling people to appear in court to tell their version of events is essential to the criminal justice system.  In order for a prosecutor to obtain a criminal conviction, he must prove a case beyond a reasonable doubt at trial.  In order to do this, the state must introduce evidence that leads a trier of fact (judge or jury) to believe the defendant committed the crime in question.  In most cases, this evidence mostly comes from the testimony of witnesses.  This is especially true in battery domestic violence cases.  
In order for a witness to have an obligation to appear in court to testify in a criminal case, they must be properly served with a subpoena.  The law regarding service of the subpoena in a criminal case is as follows:
NRS 174.345 states:
"Service of subpoena.  1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service of a subpoena must be made by delivering a copy thereof to the person named.
2. Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person's last known address, not less than 10 days before the trial which the subpoena commands the person to attend.
3. If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed."
Below are the repercussions if a witness fails to attend the court date in question.
NRS 174.385 states that, "Failure by any person without adequate excuse to obey a subpoena of a court or a prosecuting attorney served upon the person or, in the case of a subpoena issued by a prosecuting attorney, delivered to the person and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a prosecuting attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried."  
There are also other provisions of the law which enable a prosecutor to obtain a warrant for a witness's arrest if it can be shown that the subpoena was properly served and the witness failed to attend the hearing.
If you are a witness in a criminal case and you have questions about the process, please contact attorney George E. Robinson at georgeforjustice@gmail.com or call 702-800-6525.

Remember It's Holiday Time... Just Walk Away

The holidays are supposed to be a joyous time of year, but we all should be aware that there are dangers inherent with the holiday time.  The holidays are a time for parties with family and friends in which many people enjoy drinking copious amounts of alcohol.  It is normally fun and rewarding to see family and friends that you don't get to see all the time.  This can be an opportune setting for an incident of domestic violence, family and booze.  Especially because some family members inherently just don't get along.  All of these relationships can be considered domestic.  If you get mad at your cousin, or your brother-in-law, because he's a drunkard and being obnoxious and you push him or push him, that is Domestic Battery in Nevada.  Any blood relationships can establish the domestic component.  In-laws are also included in the definition of domestic relationships as well as roommates, so, if you get physical with anyone included in this definition, you run the risk of being charged with Domestic Battery.  This looks exactly the same as getting physical with your wife on a background check, and the penalties are the same.
Everyone should have a Happy Holiday season, but family and friends need to remember there are very serious ramifications to physicality in these situations.  Stay in control, stay level-headed.  Even if your cousin is being a jerk, it's not worth it.
If you have been charged with Battery, Battery Domestic Violence, or any crime related to a Domestic incident, or if a TPO has been issued against you, please visit georgeforjustice@gmail.com to call 702-800-6525 for help.