So....lawyer friends....

Cheenomae · March 2014

I have a question.

Let's say that you witnessed a crime and you could positively identify the suspect, beyond a reasonable doubt identify the suspect, and the night after the crime you went to the police station upon the police offer's request and signed a witness statement. Then about 4 weeks later you received a subpoena in the mail saying that you need to appear at the DA's office on a certain date to likely testify against said suspect or you'll be held in contempt of court. I realize there are consaquences for not showing up to court, but does anyone know the actual likely consequences? Hypothetically, of course.

melody921 · March 2014

Not a lawyer, but pretty sure they could jail you. Why, hypothetically, wouldn't you show up?

Holly_1007 · March 2014

Not a lawyer, you would be in contempt and a warrant would go out for your arrest. I think

MarisaKathleen · March 2014

Isn't @MeatballEsq the only lawyer here?

I'm not a lawyer (duh) but I watch a lot of lawyer shows.

In her absence I would tell you it's probably in your best interest to go to the DA's office and testify. You don't want to go to jail!!

Holly_1007 · March 2014

@TheNetwork‌ is also a lawyer, but I don't think she is a criminal attorney.

thebanich · March 2014

I'm fairly certain they can hold you in contempt of court and put you in jail.

Hypothetically.

Cheenomae · March 2014

I was just curious of jail time ever actually happened. I knew it could be serious per their threats (probably not threats), but I didn't know if it ever ended up so.

Anyway, it's actually not for me, but I'm very involved. My two sisters witnessed a really serious crime committed by a family member. No one was hurt and no children were involved (in case anyone is wondering). The night it happened was all very dramatic and sad and a lot of emotions were flowing and so the next day the detectives asked them to go down and sign witness statements. They were both promised they wouldn't have to see said family member (they would rather the family member not know who turned him in) so they went and signed the statements.

They just received letters in the mail today saying that have to appear in court to testify on the 8th of next month. One sister is okay with it as she knows it's the right thing to do and my other sister is devastated and said she absolutely will not testify against her flesh and blood right to their face and that the witness statement should be enough and so she's adamently fighting against it.

It's a really sad situation.

MarisaKathleen · March 2014

@cheenomae, tell your sister to get a lawyer. I thought if you didn't want to testify in front of someone you could be privately interviewed by the judge/lawyers.

I could be wrong and just making that up, but I thought that's what I was told.

Good luck to them!

Holly_1007 · March 2014

So sorry @Cheenomae‌ it is probably in her best interest to get in touch with the detectives BEFORE the court date to discuss her options.

hmp1 · March 2014

Can she request a deposition and have it read in court if needed? Although, pretty sure her name would have to be read with it.

Cheenomae · March 2014

MarisaKathleen said:

@cheenomae, tell your sister to get a lawyer. I thought if you didn't want to testify in front of someone you could be privately interviewed by the judge/lawyers.

I could be wrong and just making that up, but I thought that's what I was told.

Good luck to them!

@MarisaKathleen, thanks. I really wanted her to be able to avoid getting a lawyer, but even better I wish we could just get her to testify. It's a pretty black and white case, her testimony isn't going to help or hurt him. The "damage" was already done when she signed the witness statmement so I just hope we can help her feel comfortable enough to do what we all feel she needs to do. I'm not really in her shoes and can't imagine what her and my other sister are going through though so it's easy to say.

Cheenomae · March 2014

hmp1 said:

Can she request a deposition and have it read in court if needed? Although, pretty sure her name would have to be read with it.

Hmmm, good question. I wonder if she can just call the phone number on her subpoena to ask this question without having to pay the money to get a lawyer. Thanks, I'll tell her to give them a call.

The family member already knows who turned him in and we've been in touch with him through other family. I think she just feels like she's throwing extra betrayal in his face by testifying right in front of him. I'm not 100% sure why she's struggling so much with it...besides the obvious, I suppose.

MeatballEsq · March 2014

Hey y'all. I don't practice criminal but I know enough to be dangerous. Holly was right about a warrant being issued and facing contempt of court and jail time. I'm not sure how long but I wouldn't be surprised if it was 30 days.

And to those that recommended she try to just have her witness statement submitted, no beuno. It's actually one of your constitutional rights to be able to confront those that bear witness against you. The only time they would ever use a statement instead is if the witness had passed or was incapacitated

MeatballEsq · March 2014

And witnesses cannot request a dep. Depositions are called by the lawyers basically so they know what witnesses will say in court and they can prepare their case accordingly. Deps are only used in court to impeach a witness (prove they are contradicting their dep testimony) or if said witness cannot be there in person (really only cases of death or incapacitation, not just out of town).

Eta: so basically I think getting her own lawyer wouldn't do her any good

sorry.

MarisaKathleen · March 2014

Everything on TV is a dirty lie!!!!

Thanks for setting the record straight @MeatballEsq!

MeatballEsq · March 2014

MarisaKathleen said:
Everything on TV is a dirty lie!!!!

Thanks for setting the record straight @MeatballEsq!

Sometimes it's different for young children, but rarely. That might be what you were thinking of.

MississippiCatfish · March 2014

MarisaKathleen said:
Everything on TV is a dirty lie!!!!

Thanks for setting the record straight @MeatballEsq!

It's like all my time logged watching Law and Order is for nothing.

Cheenomae · March 2014

Sorry it took me a little while to respond, I went to the gym. Ha ha ha, I only said that to sound cool. I did go to the gym, but that's not a daily thing. AAAHHH, back to my real life now!

Thanks, @Meatballesq! This is good information to know. I don't want my sister to waste money on a lawyer just to get her out of testifying against someone she already signed a witness statement against. Sounds like her money would be for not anyway! I'm pretty sure I sound like a broken record in this thread, but feck.... Ugh!

MeatballEsq · March 2014

Good luck to your sister! And way to go with going to the gym!

Cheenomae · March 2014

MeatballEsq said:

Good luck to your sister! And way to go with going to the gym!

I've just always wanted to say that.

Thanks, I'll update you all on how it goes. It's April 8th so she's got a couple weeks to prepare.

ktnicole · March 2014

@cheeseandrice‌- that sounds like a must tell story.

MeatballEsq · March 2014

@cheeseandrice‌ that's insane!

Holly_1007 · March 2014

That is crazy cheese! Good instinct on taking a pic of her plate!

Cheenomae · March 2014

Holy shit @cheeseandrice, that's crazy! I don't know how any one stays calm in that situation.

Thanks, my sis was pretty upset when I told her last night what I learned. I guess a state attorney pretty much confirmed the same info for her. She'll be ok. I just wish like hell she never had to witness anything to begin with.

ktnicole · March 2014

Lol. I knew that had to be a good one! Crazy ass.

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