Arizona.
My parents called the police to scare me (they thought I stole their purse which they had merely misplaced... yeah... i know...), and I was arrested for DV threatening & intimidating and DV (disorderly conduct?). They didn't want to charge me, but because it's a domestic violence issue, the state must press charges. Great.
I was advised by a lawyer that there could be no case made against me and the charges would be dropped if no witnesses appeared for the trial, and that if my folks were not successfully subpoena'd, they wouldn't be held in contempt either.
If they were to be sent letters by
A. Certified Mail
B. First Class Mail
What does it take for my parents to be considered served?
From my interpretation of the following
1. Personal service.
2. Certified mail.
3. First class mail, if a certificate of service and return card is returned by the addressee.
C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.
D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.
E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.
... The language says they must receive the notice. If it is mailed to them and they never open it or see it, is it considered received? What contest can be made against service of this type?
I cannot afford domestic violence on my record(Yes, i'm aware that there's no true expungement in AZ) over my parent's foolishness. We wish for the case to be dropped and any advice would be greatly appreciated.What is the name of your state (only U.S. law)?
My parents called the police to scare me (they thought I stole their purse which they had merely misplaced... yeah... i know...), and I was arrested for DV threatening & intimidating and DV (disorderly conduct?). They didn't want to charge me, but because it's a domestic violence issue, the state must press charges. Great.
I was advised by a lawyer that there could be no case made against me and the charges would be dropped if no witnesses appeared for the trial, and that if my folks were not successfully subpoena'd, they wouldn't be held in contempt either.
If they were to be sent letters by
A. Certified Mail
B. First Class Mail
What does it take for my parents to be considered served?
From my interpretation of the following
1. Personal service.
2. Certified mail.
3. First class mail, if a certificate of service and return card is returned by the addressee.
C. Personal service of a subpoena is made by showing the original to the witness personally, informing him of its contents and delivering a copy of the subpoena to such witness. Written return of service of a subpoena must be made without delay, stating the time and place of service.
D. Subpoenas may be served by certified mail for delivery to addressee only. The subpoena shall be registered and mailed, postage and registry fee prepaid, to the addressee with a request endorsed on the envelope in the usual form for the return of the letter to the sender if not delivered within five days. The receipt of such certified letter by the addressee is deemed valid service upon him and the returned receipt signed by the addressee named in the subpoena is prima facie evidence of notification.
E. Subpoenas may be served by first class mail if the addressee is supplied with a certificate of service and return card. The return of such card signifies and states that the addressee has received official notice to appear in court, that he waives all further service of subpoena and that he submits to the jurisdiction of the court for the purposes set forth in the subpoena. The return of the signed card is prima facie evidence of notification.
... The language says they must receive the notice. If it is mailed to them and they never open it or see it, is it considered received? What contest can be made against service of this type?
I cannot afford domestic violence on my record(Yes, i'm aware that there's no true expungement in AZ) over my parent's foolishness. We wish for the case to be dropped and any advice would be greatly appreciated.What is the name of your state (only U.S. law)?