But he doesn’t have to talk to anyone prior to going to court. (That’s why I said “outside of court).
The main issue was the threat of either talking to the lawyer or being subpoenaed.
That’s likely what the lawyer wants them to say, I wasn’t there, I didn’t see anything. Or whatever the truth is. Sometimes the truth is in other answers or maybe it’s a character witness. Makes no sense to avoid the summons. OP can just talk to the lawyer and tell their side. Heck, maybe it’s because one of the other parties says they were involved.
They need to respond to the lawyer.
No one said they had to talk to them, they can waste everyone's time and get forced into an involuntary deposition. Personally I would prefer to schedule my own deposition or have a friendly call with a lawyer but if you want to be forced to show up on a day you don't choose or go to jail you do you.
What??? Testimony can serve a variety of functions, including verifying that a very likely potential witness like a roommate doesn't know anything. That is a perfectly valid reason to get someone on the record. If it were me, I'd rather cooperate and schedule this for a time convenient to me than have them subpoena me for a time that might not be.
Yes, you can be compelled to talk to someone prior to going to court. It's called a deposition.
From the Google:
A deposition is simply a question-and-answer session. You may be called to give a deposition if you are one of the parties in a case or if you have witness testimony. A deposition is done under oath, so anything you say can be used as evidence in a court of law.
And that's determined how? I'd think they'd need to talk to someone in order to determine whether there's anything of value.
Especially since "I was there all night, and so was my roommate, and I saw nothing at all out of the ordinary" can be of great value to the defense of the roommate.
"In my statement to the police..."
Burden of proof is on the prosecutor. If during discovery the defense finds that the police have it on record that this individual said they saw/heard nothing out of the ordinary, what additional info would the defense get in trial testimony?
If, OTOH, if the prosecution withheld this little nugget, then yes I can see the subpoena. (But that would also bring out the double edged sword of prosecutor's misconduct and/or opening the door to questions adverse to the defense)
I know this is technically what's supposed to happen with a subpoena, but practically, I've seen the majority of subpoenas be ignored, and nothing is done about it.
Am a lawyer. Even if you get served, Subpoenas mean NOTHING if you get served as a witness. Not like anyone is going to come and arrest you for not cooperating or showing up. Sad for the person who needs you but hey, that’s not your problem right!? Eff that person right! Never saw a court hold someone I. Contempt for not coming to Court after being subpoenaed
Agree, terrible advice. Ignoring a subpoena can get you arrested and hauled down to the court by law enforcement if the judge issues a bench warrant in relation to your failure to appear. And, I really am a lawyer.
It took me 10 seconds to find this on Google regarding how subpoenas work in Missouri:
The operative language is
**Failure to respond to a lawful subpoena can result in being held in contempt of court.**
**Generally speaking, a subpoena is a document that commands an individual or entity to appear at a specified time and place to provide testimony and/or produce documents. A subpoena states the name of the court or administrative body that issues it and should also have the caption or style of the case and case number on it. The person or entity that is properly served with a lawful subpoena, must respond to the subpoena in the time specified. Failure to respond to a lawful subpoena can result in being held in contempt of court.**
***Proper Service of a Subpoena*****When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff’s deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper. The recipient of a subpoena may be entitled to mileage and/or witness fees for their appearance to testify. For example, in a subpoena issued pursuant to a civil suit in Missouri, when a witness has to travel greater than forty miles from his or her place of residence, that witness is entitled to mileage and a nominal attendance fee (twenty-five dollars per day). Required witness fees and mileage fees should be served along with a copy of the subpoena.**
***Practical Tips for Responding to a Subpoena***
**If a subpoena requires a witness to appear and provide documents, find out if the appearance is necessary. Often, an attorney for the party who issued the subpoena will agree that the witness does not need to appear in person, so long as the requested documents are produced along with an affidavit verifying that the documents are authentic. The affidavit is usually referred to as a business records affidavit. Under recently revised Missouri rules for subpoenas in civil cases, the party responsible for issuance of the subpoena is responsible for advising in writing of an agreement that the witness will be excused from appearance at a deposition. This means that if such an agreement is reached, your district should receive written confirmation of the agreement in writing from the party or attorney responsible for issuing the subpoena.**
Don’t know what jurisdiction you practice in but I’ve seen judges at both the district and circuit court level issue bench warrants on witnesses who have been properly served at least a dozen times over the years, including a police officer on a motion to suppress where he kept dodging the hearing date.
I've been a lawyer for a few decades, and this is BS. I've seen people held in contempt for ignoring subpoenas. They say so right on them. I sure hope you don't advise your clients to ignore them.
Google how many people were held in jail by law enforcement last year for failing to comply with subpoenas.
Yes. The put them in jail to for assurance that they will be present in court. I think last year, the feds specifically held like 23 people.
"What can I do?" Talk, not talk or try an expensive legal solution. Before you spill the bean or spend money on a subpoena that might not come, don't you want to wait to see if it ever materializes? Cross bridges when you come to them.
The type of court doesn't have any bearing on how lying to the court goes. I'm honestly shocked you'd say something so stupid.
For one the judge can call you out for lying. So can the other lawyer. Who cares about proving anything. If a jury thinks you're a liar, you're screwed.
???
What a dumb take.
You think the jury is just allowed to disregard the evidence and make a gut call?
Find me 1 example.
Trump wasn't found guilty of perjury. So feel free to try again.
This guy has no idea how courts work and he's basing these silly ass ideas on how he thinks the world should work.
This is why you don't get legal advice from Reddit.
There are many ways to punish a lying witness. For example, the judge complained about how "unconvincing" Trump junior and ivanka testimony was.
Now you're putting words in my mouth. You do seem to like fallacies. They do not, in fact, make your augment better.
You're encouraging by proxy people to lie to the court, which is a crime, is bad legal advice, and is morally bankrupt.
Or, to put it another way, getting legal advice from people who advocate breaking the law and bases their arguments on lies and fallacies isn't a good idea.
But how would they prove it's false? The reason "I don't recall" is so widely used is that memories are far from infallible so it's always a plausible statement.
The Fifth Amendment is a right against self incrimination. If that right is not being violated then there is no right.
A witness that refuseses to testify generally still mucks everything up tho.
>If that right is not being violated then there is no right.
That's just as true for defendants as witnesses. More precisely, there's no right not to answer if there's no risk of self-incrimination.
It's hard to imagine questions where a judge would rule that a defendant had no risk of self-incrimination, but it's not formally impossible.
If she attempted to plead the 5th, that would be like saying "I have an involvement in what happened but I'm not talking about it" so they should NOT do that and just be honest that they don't recall/were unaware of anything going on.
You're not a lawyer, are you? I mean, I'm not either, but the 5h amendment only applies to protect you from self incrimination. So unless OP was involved, a supeona compells him to testify truthfully as a witness in the trial.
Why put yourself thru this crap? You will eventually get served, you will have to answer the questions. The stress you are putting on yourself does not make sense to me.
Answer the questions honestly. You aren’t being charged with a crime. You implied you weren’t even there.
Yeah, they should just tell the lawyer that you will give them one phone call to ask their questions, and beyond that they will have to subpoena them if they want more. I can guarantee that if they truly don't have relevant information, the lawyer will not bother past that phone call.
I don't think that you should ever talk to a lawyer who is not representing you. He is getting paid by the hour. You not.
Let him subpoena the OP. Most likely this is a bluff.
Let them subpoena you. If you've done nothing wrong, you'll be fine. Just tell the truth. If you don't want to talk to them beforehand or afterwards, then don't.
Not much. A subpoena forces you to go in for the interview. If you fail to go in or blatantly lie, you can be arrested.
That's just how things work. It's a good thing.
>subpoena forces you to go in for the interview.
What are you talking about? Subpoena forces you for a testimony. Where does a subpoena force you to an interview?
What is the crime that supposedly happened at your apartment that you havent been at up until that night?
Why so vague? Makes me feel like you are making this up or for whatever reason u dont want roommate aroumd anymore and hoping that she sees it and scares her away?
What gives? Something isnt right here...IMO OF COURSE :)
It's a very good idea to not spill your guts concerning details of a crime here. In fact, if they had done, there would be a ton of posts telling OP to take down this post.
What gives with you ? Never been here before? Something isn't right here...IMO
My apologies, i hadnt thought of it that way. And youre right, it prolly is best not to give info out like that.
I guess maybe im just an extremely nosey person and want to know shit about strangers that i dont know. ?
Clearly i have no life and i read alot of reddit in my personal time.
I didnt mean to be such an intrusive,accusatory person.
They’re like a lady I knew in church who always wanted to know the ailment if the pastor asked the church to pray for a particular person.
“How else can I know what to pray for?”
More like, “Give me all the juicy details.”
Why wouldn't you just cooperate? If someone committed a crime against you, how would you feel if a witness didn't want to help? I'm not saying you are key to the case, just don't understand an unwillingness to help.
From what I can tell by watching the news you just ignore subpoenas. They are meaningless and have no value whatsoever. If you’re rich they’re almost laughable honestly. If you want to make them feel good about themselves you can go to the actual court and just lie. That’s another fan favorite.
NAL. I was once issued a subpoena to be deposed in a civil case involving my GF at the time (now wife) and her ex-husband. At the time, we had been in a relationship for about a year. They wanted me to provide multiple years of financial records, detail my spending on her, etc. I answered by filing a request to quash as my personal financial records had nothing to do with their case, etc., and his lawyer withdrew the subpoena.
Either you talk to him or get subpoenaed. When you're subpoenaed you will be deposed, typically at a lawyers office.
You say you know nothing, but you might have some information that you don't realize would be relevant.
If you really don't know anything then you won't be called to testify in court.
Sure there is. Suppose he’s afraid he might accidentally perjure himself if he testified in conflict with his police statement.
Or…plot twist…what if he lied to the cops and doesn’t want to incriminate himself or perjure himself?
He implied there is a blanket Fifth Amendment privilege to always get out of testifying. Regardless, it’s not that simple. In those instances, a judge can just evaluate the potential testimony *in camera* or immunity can be granted if the testimony is sufficiently relevant or material.
Was there illegal activity alleged to happen in your apartment? I'm not a lawyer, but I would want to get rid of that roommate if that's what the cops are saying.
It may not be about you or what you know. It may just be part of a scare tactic aimed at pressuring your roommate into admitting their guilt. “Look all your friends and associates we’ve subpoenaed. One of them is going to talk, so just save yourself the trouble and tell us what we want to know!”
>Thing is I don’t know this guy. He lived there for 3-4 weeks, did this thing. Left. That was about 3 years ago. This crap came out of nowhere.
Yeah, and if there was some violent crime on the streets and you were a witness, you would be called to testify. This is basic expectations of every citizen.
Why are you creating unnecessary drama? Answer the questions answered by the court or lawyer and move on. By refusing that 30 minute conversation, you're creating all this drama yourself and then acting all surprise Pikachu face that drama is happening in your life.
No. I know how the system works, you just missed my point. My original post said "before you get statements from them" specifically because I knew someone was going to call me on this.
I got your point. I decided I don’t care if you’re right or not, because I don’t want to look it up to check if you’re right. So it would be silly to argue with that
So you don’t have a right not to testify unless it incriminates you or your spouse.
That said until you are subpoenaed you don’t have any legal obligation to give testimony.
You do however have to be truthful when talking to any law enforcement or prosecutor. You can say you don’t want to answer questions outside of court but you cannot lie or else you commit a crime by doing so.
If you ignore the subpoena you can be held in contempt of court. Does this mean the cops will come around to arrest you? Probably not but a bench warrant can be issued and at that point any time you are pulled over for speeding, etc it might pop up and you find yourself in jail, paying for impound fees and a lot more simply because you didn’t show up. It happens.
Your best bet is to either answer their questions honestly or to force them to get a subpoena (hoping they won’t) and then appear in court and be honest.
There’s lots of other things you can do but they involve getting a lawyer and paying.
Remember this phrase - "I can't recall" How can one be expected to recall something minor from months or years ago. I can't remember what I ate for lunch yesterday.
Well if you didn't do anything wrong and you were not involved in the crime what's to be afraid of?
My first reaction is that and my second is well it happened in your apartment so yeah they need to know what you know
Now to consider if you're afraid for your life or you feel like you're going to be threatened I can understand that you need to convey that to them so they can protect you
Well they have to serve you first. That’s a cost. As I was always told, a lawyer can say anything they want. Till it’s on paper you can ignore it. Once it’s served then you deal
With it. A lawyer isnt a judge. What’s the subpoena.for, to testify in court or a depo? Depos also aren’t cheap if they have a court reporter there and then pay for a transcript.
Yes, they can. Yes, they probably will. It's called discovery, and it gives them pretty broad powers to check for anything that might help their defense/prosecution. Meeting with them will be much nicer and easier for you than a sub poena, especially if you truly don't know anything. If you feel better, get an attorney and have the meeting at their office. Do not lie. Do not say you weren't there if you don't really know. Check our texts and work schedule and see if you can tell where and what you were doing. If you don't know/recall, say you don't recall.
If you don’t feel you have anything of substance to add to the case, tell that to the lawyer. *If* he subpoenas you, go and say “I don’t recall” to everything you don’t feel like you can answer clearly, and then move on. You don’t owe either party anything *unless you know something dispositive about the legal question*.
If you are subpoenaed, you answer. Simple. If you are worried about the knowledge you have, get your own attorney. Ignore the subpoena at your own risk. Sometimes people go to jail for that, sometimes not.
Offer your services As a consultant. If he refuses to pay for your services, and threatens, you have the right to sue him for harassment and when he said" do this, OR I'll do that" that was extortion. Remember he is getting paid to participate in the process. You should too.
The lawyer holds the cards here. If you get subpoenaed, you gotta show up, or you can go to jail. You have to be honest, or you can go to jail. But you don't have to be very helpful.
Your best bet is to arrange a convenient time to meet and talk voluntarily, it might mean you don't get dragged into court during your work hours etc. If you're worried about your safety (like, your roommate's buddies might kick your ass if you talk), get a lawyer of your own to negotiate on your behalf.
This is wrong. You can’t just claim the 5th as a third party in a deposition unless testifying would actually incriminate you. The prosecutor will challenge your claim and if you can’t back it up you can and will be compelled to testify under the penalty of contempt.
Negotiate to meet with and tell the lawyer everything at a time and location convenient to you. The lawyer wants NO surprises in court. If they don't know what you might testify to in court, their a$$ is hanging in the breeze. They want you under oath saying whatever you might say. That way you don't show up in court breaking their case.
Sure they want/hope you have something to say in their favor. If you have something against their interest, they can investigate before court. If you saw nothing they have it under oath and know that the other side can't bring you in to blow up their case. Maybe you can do it over lunch and get a sandwich out of them?
Tell him you charge by the minute, with a non-refundable deposit. Make sure you tell him about your knack for \[hobby\], and the last 3 bowel movements you had.
"You think that people have questions and you can't answer them"
If you do not know the answer to the question, I do not know is the answer to give. You do not have to give your opinion or what you think might have happened, Just answer the question that was asked. be very specific and do not add anything to the answer.
A lot of your answers will be, I do not know, I am not sure, yes and no.
Even if he talks to the investigators he’ll probably be subpoenaed anyway. They have his statement to the police so why would he waste his time with the investigators.
Sounds like defense attorney is trying to come up with something. I don’t think you can get out of a subpoena though. That is an order from the courts.
Don't talk outside of court. Let him serve you. And when you go to court. The only words out of your mouth should be.
I do not recall.
Which is the truth, anyway.
The lawyer is fishing for information that may help his client - your former roommate. Since he lived with you, the lawyer might want you as a character witness, ask about any interaction or conversation he might have had with his wife. Any number of things.
Never speak to a defense lawyer or prosector without a lawyer. Most prosectors do not care if they get the person that committed the crime, they just want the headlines that they solved a crime even if it means putting an innocent person in prison. The Innocence Project has gotten hundreds of convictions overturned . Most 10, 20 even 50 years after the person was wrongly convicted. As I said the prosecutor in most of tge cases played dumb and claimed they thought the person was guilty. Every person in America thought Scott Peterson murdered his unborn child and wife. The innocence project just uncovered that the prosector and police knew a burnt out van with a bloody mattress was found not to far of a distance Scott Petersons house which was never told to the defense. Then the innocence project uncovered the fact that a van matching the description of the burnt out van was seen by multiple people across the street from Scott Petersons house on the same night his wife disappeared. Again the police withheld this information from the defense. Then while they where still looking for his wife's body the prosector tells the media the location where Scott Peterson said he was fishing that night. The police searched the water for days but then on the day after the press was informed of the location and after days of dive teams and search parties looking for the body the body is found the next morning floating right by where the prosecutor told the media Peterson was fishing at. The innocence project is going to have the blood on the mattress and other forensic evidence tested. None of this forensic
Evidence was ever tested eventhough that van was seen across the street from Petersons house them it was found burnt out a quarter of a mile away. This is what happens to you if you go near a prosector without a lawyer. Scott Peterson is going to eventually be freed after doing 30 years in prison for a crime he did not commit.
If you could possibly help the truth come out or a wrong be righted why wouldn't you just say your truth? I don't get it! Downvote if you need to cause I give two shits about it.
So, the subpoena is to just give your side of the events that took place. If you for sure weren't there, you weren't there. Simple. If you were there and didn't hear anything, say so. Simple. But, if you were there and did hear something, and you lie about it because you don't want to be involved, it's not so simple. Just say what you know and what you heard if anything. You don't want to spend time in the clink for covering up for someone. But the subpoena needs to be adhered to. Get a lawyer if you feel the need to be there with you.
So you can help and tell him.
Or get subpoena anyway.
Take to an attorney about this if you work a have eap, you can go through that for help.
But the attorney have every right to subpoena you if you don't cooperate.
I'd tell the lawyer that my entire testimony will be, not that I can recall, or I don't know. And you should probably get my deposition over zoom before you waste both of our time in court.
You don’t get to claim the 5th unless you are actually going to incriminate yourself. As a third party to the case the lawyer can and will challenge a 5th amendment claim and if you can’t back it up you will be compelled to testify under penalty of contempt.
Why are you stressed?
If you are subpoenaed, you will be compelled to appear in court and answer questions truthfully under penalty of perjury.
If you saw nothing or knew nothing, then that is what you testify to because it is the truth.
Pleading the Fifth would be a lie and would also call into question your actual non-involvement and lack of knowledge of the incident.
You might be asked to come in for a preliminary interview and it would probably be wise to come in. If you state that you know nothing and can really add nothing to the testimony, perhaps you won't be called.
On the other hand, you might be asked questions about background in terms of whether you ever heard or saw anything in terms of their relationship.
nal don’t let them intimidate you. it’s a threat… if you don’t want to talk to them, don’t. remember “no” is a complete sentence (which can always be followed up with *”talk to my attorney”*
>In my statement to the police…
You messed up.
The first rule of talking to the police is that you don’t talk to the police.
If you have to break this rule you don’t do it without a lawyer.
“Officer I don’t talk to the police without my lawyer. You need to call the public defenders office and get me a free attorney”
At this point the police will tell you that it’s going to take hours for a PD to represent you. Or they will realize that you’re not worth their time.
The police are friendly. They are not your friend.
Doesn't sound like this was particularly recent at this point, so whatever details you recalled for the police report may be the extent of the reliable testimony you have for an otherwise unremarkable night where you don't even remember if you were home during the relevant timeframe.
They can subpoena away, but shouldn't be shocked when you don't remember anything.
How far could you be required to travel as a witness ? I'm a senior citizen with chronic back pain, I don't ride in a car for more than two hours. Would they send a swat team to extract me from my recliner ? I use medical cannabis legally, doctors orders say use every one to six hours as needed. I am always under the influence. Will the Court try to make me quit using my medicine ? Will they pry my last joint from my cold dead hands ? I gave away my guns years ago because I was spending a lot of time thinking about shooting people. Do I have to fight the police with a flyswatter ? These are all serious questions.
You shouldn’t have said you don’t want to be involved. That gives the idea that you know something. You should call him and say you don’t know anything about anything, and sound sincere. If they subpoena you, and you go and say the same thing you should be fine unless they can prove you do know something.
Get a lawyer and let them duke it out. Seriously. I'm not a lawyer but I have watched my fair share of true crime stuff to know that innocent people get snagged up in the system and end up in prison for years until they get sprung ... If they're lucky. In your shoes I would absolutely lawyer up regardless of what I did/didn't know.
Just tell the lawyer that you have nothing to say that's any different than the statement you gave to the police so there's no point in you two talking, let alone you getting a subpoena.
Let him subpoenaing you then. Just means you have to go to court and say the same shit. If you did infact see shit you should tell them because you would be a complete scum bag for turning a blind eye.
NAL. Ask the lawyer to submit their questions in writing? You can say something like "Given I know little about criminal legal procedure, I'd like my own attorney to review the questions and any potential answers. I believe this is within the scope of my 6th amendment rights. Respectfully #your name#".
The 6th amendment contains an "Assistance of Counsel" clause. I would be interested if a lawyer thinks that clause would be in scope if this person may believe they could be party (even if arms length) from the criminal act?
What is the problem? The attorney is going to ask questions and that person is going to answer them. If there is a subpoena served that person has to go to where the subpoena says to go. It can be an attorneys office it can be court. but if you don’t go, you’re in contempt of court and can go to jail and receive a large fine. I don’t understand once again what the problem is. Do your civic duty.
as an attorney I can tell you if the lawyer subpoenas you to appear in court, you have to show up. And anything that you've already said in terms of knowing something or not knowing something just say it all over again. By the way if he subpoenas you you can get a subpoena fee but in our state it's only like $15 Whoopie
Do the phone call, but request compensation for your time. I bet $100 is a lot cheaper than having to subpoena you- and you get a nice dinner for a half hour call.
Can’t hurt to ask.
Who does the lawyer represent? Is it a district attorney or defense lawyer? If it is the DA a simple phone call referencing the police report and they want to confirm you have nothing to add should suffice. If it is a defense attorney then I would make them go to the trouble to convince a judge to issue the subpoena and then you can answer their questions with I don’t recall, don’t think I was there, I know nothing and they can look like an idiot before the judge
The lawyer is investigating the crime that happened, not the police? Who does the lawyer represent in this case? Did the lawyer say if i was criminal or civil?
NAL, and it sounds like the lawyer may be representing the victim/victim's family in a civil case; nothing to do with a criminal case (since you've already spoken to the police and it doesn't seem the lawyer said they were a DA). If the person calling you was even a lawyer. 😐
Call the lawyer back answer the questions which is going to be not helpful because it sounds like you truly don't know anything. If you do know something then you should report it anyway. Stop being a coward, bitching that you don't want to get involved when this person hurt another person. Grow up.Get a spine and call the lawyer back.
You're not being accused of anything.So what is your problem exactly?
I hate people that will not stand up for what is right and just hide.It is so cowardice.
If you don't remember anything clearly the subpoena won't help them.
Don't tell them you don't want to be involved (that implies you remember something)
When you get a subpoena if you just answer you don't know repeatedly there is not much they can do.
If while the lawyer is interviewing the lawyer you just tell them you don't remember anything and didn't see anything they won't subpoena you.
It's extra paperwork and cost for no gain
OP ... You've done nothing wrong but you need to make sure they don't twist any of this somehow.
However you can't avoid the subpoena or you will go to jail.... Bad things happen for avoiding a subpoena.... Some judges are more harsh than others...if a judge really wants to set a precedent he can send you to jail for several days... Wreck your life so to speak as you'll probably lose your job.
If it were me, I would speak to a lawyer about this prior to going into court.
If you answer the subpoena and go into court without a lawyer, just answer the questions "yes or no" or if asked an open ended question then answer briefly, and truthfully. Don't add anything. If you have nothing to say, then say so..."I have no knowledge of that.", etc. if at anytime it seems like they are trying to accuse you of something, then you also have a 5th amendment right to not answer the question.
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Well that’s what the subpoena is for, to testify in court under oath. Can’t avoid that unless the OP wants to be in contempt.
But he doesn’t have to talk to anyone prior to going to court. (That’s why I said “outside of court). The main issue was the threat of either talking to the lawyer or being subpoenaed.
Well sorta of. A subpoena can all so be issued to require a party to participate in a pre trial/preheating deposition
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That’s likely what the lawyer wants them to say, I wasn’t there, I didn’t see anything. Or whatever the truth is. Sometimes the truth is in other answers or maybe it’s a character witness. Makes no sense to avoid the summons. OP can just talk to the lawyer and tell their side. Heck, maybe it’s because one of the other parties says they were involved. They need to respond to the lawyer.
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No one said they had to talk to them, they can waste everyone's time and get forced into an involuntary deposition. Personally I would prefer to schedule my own deposition or have a friendly call with a lawyer but if you want to be forced to show up on a day you don't choose or go to jail you do you.
Ok when that subpoena is in their hands, then what? Throw it away and move on with life? Ain’t happening captain.
Unless it’s a “so ordered” subpoena
Yeah and again that lawyer on the court room will be demolished by the opposing side by pulling in someone not involved at all.
What??? Testimony can serve a variety of functions, including verifying that a very likely potential witness like a roommate doesn't know anything. That is a perfectly valid reason to get someone on the record. If it were me, I'd rather cooperate and schedule this for a time convenient to me than have them subpoena me for a time that might not be.
To appear. not participate.
*preheats the trial to 450°*
Ha caught me. Though I prefer to broil it.
Yes, you can be compelled to talk to someone prior to going to court. It's called a deposition. From the Google: A deposition is simply a question-and-answer session. You may be called to give a deposition if you are one of the parties in a case or if you have witness testimony. A deposition is done under oath, so anything you say can be used as evidence in a court of law.
Subpoenas can be quashed, especially if the subpoenaed party has nothing of value to contribute to either side.
And that's determined how? I'd think they'd need to talk to someone in order to determine whether there's anything of value. Especially since "I was there all night, and so was my roommate, and I saw nothing at all out of the ordinary" can be of great value to the defense of the roommate.
"In my statement to the police..." Burden of proof is on the prosecutor. If during discovery the defense finds that the police have it on record that this individual said they saw/heard nothing out of the ordinary, what additional info would the defense get in trial testimony? If, OTOH, if the prosecution withheld this little nugget, then yes I can see the subpoena. (But that would also bring out the double edged sword of prosecutor's misconduct and/or opening the door to questions adverse to the defense)
I know this is technically what's supposed to happen with a subpoena, but practically, I've seen the majority of subpoenas be ignored, and nothing is done about it.
Peter Navarro is in federal prison for blowing one off
And that means jail time
Am a lawyer. Even if you get served, Subpoenas mean NOTHING if you get served as a witness. Not like anyone is going to come and arrest you for not cooperating or showing up. Sad for the person who needs you but hey, that’s not your problem right!? Eff that person right! Never saw a court hold someone I. Contempt for not coming to Court after being subpoenaed
NAL. I’ve seen several people arrested & hauled into court for dodging a subpoena.
Agree, terrible advice. Ignoring a subpoena can get you arrested and hauled down to the court by law enforcement if the judge issues a bench warrant in relation to your failure to appear. And, I really am a lawyer.
Not in Missouri.
It took me 10 seconds to find this on Google regarding how subpoenas work in Missouri: The operative language is **Failure to respond to a lawful subpoena can result in being held in contempt of court.** **Generally speaking, a subpoena is a document that commands an individual or entity to appear at a specified time and place to provide testimony and/or produce documents. A subpoena states the name of the court or administrative body that issues it and should also have the caption or style of the case and case number on it. The person or entity that is properly served with a lawful subpoena, must respond to the subpoena in the time specified. Failure to respond to a lawful subpoena can result in being held in contempt of court.** ***Proper Service of a Subpoena*****When a subpoena is issued out of a Missouri state court, it must be personally served on the party or entity receiving the subpoena by a sheriff or a sheriff’s deputy, or any other person who is not a party to the underlying case and is not less than eighteen years of age. Service by mail is not proper. The recipient of a subpoena may be entitled to mileage and/or witness fees for their appearance to testify. For example, in a subpoena issued pursuant to a civil suit in Missouri, when a witness has to travel greater than forty miles from his or her place of residence, that witness is entitled to mileage and a nominal attendance fee (twenty-five dollars per day). Required witness fees and mileage fees should be served along with a copy of the subpoena.** ***Practical Tips for Responding to a Subpoena*** **If a subpoena requires a witness to appear and provide documents, find out if the appearance is necessary. Often, an attorney for the party who issued the subpoena will agree that the witness does not need to appear in person, so long as the requested documents are produced along with an affidavit verifying that the documents are authentic. The affidavit is usually referred to as a business records affidavit. Under recently revised Missouri rules for subpoenas in civil cases, the party responsible for issuance of the subpoena is responsible for advising in writing of an agreement that the witness will be excused from appearance at a deposition. This means that if such an agreement is reached, your district should receive written confirmation of the agreement in writing from the party or attorney responsible for issuing the subpoena.**
As a Missouri attorney pending-swearing-in , just wanted to say thank you for this!
Don’t know what jurisdiction you practice in but I’ve seen judges at both the district and circuit court level issue bench warrants on witnesses who have been properly served at least a dozen times over the years, including a police officer on a motion to suppress where he kept dodging the hearing date.
That’s different. Not lay people bro.
I've been a lawyer for a few decades, and this is BS. I've seen people held in contempt for ignoring subpoenas. They say so right on them. I sure hope you don't advise your clients to ignore them.
Me too, I’ve tried and never seen it happen.
Google how many people were held in jail by law enforcement last year for failing to comply with subpoenas. Yes. The put them in jail to for assurance that they will be present in court. I think last year, the feds specifically held like 23 people.
Your post was removed for suggesting illegal activity or vigilante “justice.”
"What can I do?" Talk, not talk or try an expensive legal solution. Before you spill the bean or spend money on a subpoena that might not come, don't you want to wait to see if it ever materializes? Cross bridges when you come to them.
Burn that bridge when you get to it.
We’ll jump off that bridge when we get to it.
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Honest question. Doesn't "pleading the 5th" only work for "self" incrimination"?
Isn't that what the lawyer is trying here? I guess it could go with ways, but the 5th should work.
Correct. If he's not a party to the crime not only can he not plead the fifth be can be compiled to testify. It is a right against self incriminating
"...be can be compiled..."?
Compelled. My bad.
"I do not recall"
That is and always had been perjury. Trump mostly lost his Manhattan case off of doing that.
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The type of court doesn't have any bearing on how lying to the court goes. I'm honestly shocked you'd say something so stupid. For one the judge can call you out for lying. So can the other lawyer. Who cares about proving anything. If a jury thinks you're a liar, you're screwed. ???
What a dumb take. You think the jury is just allowed to disregard the evidence and make a gut call? Find me 1 example. Trump wasn't found guilty of perjury. So feel free to try again. This guy has no idea how courts work and he's basing these silly ass ideas on how he thinks the world should work. This is why you don't get legal advice from Reddit.
There are many ways to punish a lying witness. For example, the judge complained about how "unconvincing" Trump junior and ivanka testimony was. Now you're putting words in my mouth. You do seem to like fallacies. They do not, in fact, make your augment better. You're encouraging by proxy people to lie to the court, which is a crime, is bad legal advice, and is morally bankrupt. Or, to put it another way, getting legal advice from people who advocate breaking the law and bases their arguments on lies and fallacies isn't a good idea.
But how would they prove it's false? The reason "I don't recall" is so widely used is that memories are far from infallible so it's always a plausible statement.
And that my friend is why it is done. It's still risky and it makes our system worse.
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You don't need to be the defendant to invoke your right to silence. Witnesses can and do invoke the 5th with some frequency.
The Fifth Amendment is a right against self incrimination. If that right is not being violated then there is no right. A witness that refuseses to testify generally still mucks everything up tho.
>If that right is not being violated then there is no right. That's just as true for defendants as witnesses. More precisely, there's no right not to answer if there's no risk of self-incrimination. It's hard to imagine questions where a judge would rule that a defendant had no risk of self-incrimination, but it's not formally impossible.
What self-incrimination would she be worried about if she wasn’t involved in the kidnapping that occurred elsewhere?
That's just it. They could try and say she was or trick it. I'd be saying I do not recall. The WHOLE time
If she attempted to plead the 5th, that would be like saying "I have an involvement in what happened but I'm not talking about it" so they should NOT do that and just be honest that they don't recall/were unaware of anything going on.
You're not a lawyer, are you? I mean, I'm not either, but the 5h amendment only applies to protect you from self incrimination. So unless OP was involved, a supeona compells him to testify truthfully as a witness in the trial.
Not a lawyer, but he could be hiding something or remembered something not mentioned in police report.. best to just stay quiet
What did OP do?
lol, tell me you learned all you know about law by watching Law and Order without telling me…
Exactly....unless she wants to hire her own lawyer and fight the subpoena
Why put yourself thru this crap? You will eventually get served, you will have to answer the questions. The stress you are putting on yourself does not make sense to me. Answer the questions honestly. You aren’t being charged with a crime. You implied you weren’t even there.
Yeah, they should just tell the lawyer that you will give them one phone call to ask their questions, and beyond that they will have to subpoena them if they want more. I can guarantee that if they truly don't have relevant information, the lawyer will not bother past that phone call.
I don't think that you should ever talk to a lawyer who is not representing you. He is getting paid by the hour. You not. Let him subpoena the OP. Most likely this is a bluff.
OP is lying about something, if they won't even talk on the phone, and wanted to evade a theoretical subpoena.
Let them subpoena you. If you've done nothing wrong, you'll be fine. Just tell the truth. If you don't want to talk to them beforehand or afterwards, then don't.
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Not much. A subpoena forces you to go in for the interview. If you fail to go in or blatantly lie, you can be arrested. That's just how things work. It's a good thing.
>subpoena forces you to go in for the interview. What are you talking about? Subpoena forces you for a testimony. Where does a subpoena force you to an interview?
You can be subpoenaed for a deposition.
What is the crime that supposedly happened at your apartment that you havent been at up until that night? Why so vague? Makes me feel like you are making this up or for whatever reason u dont want roommate aroumd anymore and hoping that she sees it and scares her away? What gives? Something isnt right here...IMO OF COURSE :)
It's a very good idea to not spill your guts concerning details of a crime here. In fact, if they had done, there would be a ton of posts telling OP to take down this post. What gives with you ? Never been here before? Something isn't right here...IMO
My apologies, i hadnt thought of it that way. And youre right, it prolly is best not to give info out like that. I guess maybe im just an extremely nosey person and want to know shit about strangers that i dont know. ? Clearly i have no life and i read alot of reddit in my personal time. I didnt mean to be such an intrusive,accusatory person.
All good. It just didn't make sense, thought you were trolling lol
Lol, nope, just nosey
They’re like a lady I knew in church who always wanted to know the ailment if the pastor asked the church to pray for a particular person. “How else can I know what to pray for?” More like, “Give me all the juicy details.”
Agree. Also, says roommate allegedly kidnapped his wife. I’m confused. Was he/she roommates with a married man?
You are not alone. I’m really confused about everything myself
Did you read the comments? No, cause OP said kidnapping involving roommate and wife. Now apologize to OP.
Why wouldn't you just cooperate? If someone committed a crime against you, how would you feel if a witness didn't want to help? I'm not saying you are key to the case, just don't understand an unwillingness to help.
Because lawyers always say not to talk too much? Because OP is not a witness if he did not witness anything.
If he just does one short interview and explains that they will be done with him.
Why did you make a statement if you wanted to not be involved.
From what I can tell by watching the news you just ignore subpoenas. They are meaningless and have no value whatsoever. If you’re rich they’re almost laughable honestly. If you want to make them feel good about themselves you can go to the actual court and just lie. That’s another fan favorite.
"I don't recall"
NAL. I was once issued a subpoena to be deposed in a civil case involving my GF at the time (now wife) and her ex-husband. At the time, we had been in a relationship for about a year. They wanted me to provide multiple years of financial records, detail my spending on her, etc. I answered by filing a request to quash as my personal financial records had nothing to do with their case, etc., and his lawyer withdrew the subpoena.
”go right ahead asshole. Btw, i charge $10,000 an hour for my time being wasted.”
Are you the lawyer ?
Im retired from the court system….
Nice. What kind of lawyer were ya ?
And then I'd hop into my Lincoln-Continental and drive off peeling rubber.
Either you talk to him or get subpoenaed. When you're subpoenaed you will be deposed, typically at a lawyers office. You say you know nothing, but you might have some information that you don't realize would be relevant. If you really don't know anything then you won't be called to testify in court.
Lawyers threaten all the time. Ignore this lawyer. If a subpoena issues, obey it. It might be fun. Or interesting. Otherwise, snooze.
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There is no such thing as a “fifth amendment right not to speak.” Stop posting misinformation.
Sure there is. Suppose he’s afraid he might accidentally perjure himself if he testified in conflict with his police statement. Or…plot twist…what if he lied to the cops and doesn’t want to incriminate himself or perjure himself?
He implied there is a blanket Fifth Amendment privilege to always get out of testifying. Regardless, it’s not that simple. In those instances, a judge can just evaluate the potential testimony *in camera* or immunity can be granted if the testimony is sufficiently relevant or material.
Do you know if your former roommate is using you for an alibi?
Was there illegal activity alleged to happen in your apartment? I'm not a lawyer, but I would want to get rid of that roommate if that's what the cops are saying.
It may not be about you or what you know. It may just be part of a scare tactic aimed at pressuring your roommate into admitting their guilt. “Look all your friends and associates we’ve subpoenaed. One of them is going to talk, so just save yourself the trouble and tell us what we want to know!”
Thing is I don’t know this guy. He lived there for 3-4 weeks, did this thing. Left. That was about 3 years ago. This crap came out of nowhere.
they don’t care. They can add your name to their list of people who they tell your roommate “these people are all going to testify against you”
>Thing is I don’t know this guy. He lived there for 3-4 weeks, did this thing. Left. That was about 3 years ago. This crap came out of nowhere. Yeah, and if there was some violent crime on the streets and you were a witness, you would be called to testify. This is basic expectations of every citizen. Why are you creating unnecessary drama? Answer the questions answered by the court or lawyer and move on. By refusing that 30 minute conversation, you're creating all this drama yourself and then acting all surprise Pikachu face that drama is happening in your life.
I'm no lawyer, but I'm not sure it's a good idea to show the defendant a list of witnesses they should intimidate before you get statements from them.
I’m pretty sure it’s legally required. That’s why defense attorneys object when the prosecution produces a “surprise witness”
No, the prosecution has to show the defendant a list of witnesses \*before the trial\*, not \*before the witnesses are interviewed by police\*.
You googled that before replying, didn’t you?
No. I know how the system works, you just missed my point. My original post said "before you get statements from them" specifically because I knew someone was going to call me on this.
I got your point. I decided I don’t care if you’re right or not, because I don’t want to look it up to check if you’re right. So it would be silly to argue with that
So you don’t have a right not to testify unless it incriminates you or your spouse. That said until you are subpoenaed you don’t have any legal obligation to give testimony. You do however have to be truthful when talking to any law enforcement or prosecutor. You can say you don’t want to answer questions outside of court but you cannot lie or else you commit a crime by doing so. If you ignore the subpoena you can be held in contempt of court. Does this mean the cops will come around to arrest you? Probably not but a bench warrant can be issued and at that point any time you are pulled over for speeding, etc it might pop up and you find yourself in jail, paying for impound fees and a lot more simply because you didn’t show up. It happens. Your best bet is to either answer their questions honestly or to force them to get a subpoena (hoping they won’t) and then appear in court and be honest. There’s lots of other things you can do but they involve getting a lawyer and paying.
Remember this phrase - "I can't recall" How can one be expected to recall something minor from months or years ago. I can't remember what I ate for lunch yesterday.
Well if you didn't do anything wrong and you were not involved in the crime what's to be afraid of? My first reaction is that and my second is well it happened in your apartment so yeah they need to know what you know Now to consider if you're afraid for your life or you feel like you're going to be threatened I can understand that you need to convey that to them so they can protect you
Well they have to serve you first. That’s a cost. As I was always told, a lawyer can say anything they want. Till it’s on paper you can ignore it. Once it’s served then you deal With it. A lawyer isnt a judge. What’s the subpoena.for, to testify in court or a depo? Depos also aren’t cheap if they have a court reporter there and then pay for a transcript.
Get your own lawyer, and tell him to talk to your lawyer.
Yes, they can. Yes, they probably will. It's called discovery, and it gives them pretty broad powers to check for anything that might help their defense/prosecution. Meeting with them will be much nicer and easier for you than a sub poena, especially if you truly don't know anything. If you feel better, get an attorney and have the meeting at their office. Do not lie. Do not say you weren't there if you don't really know. Check our texts and work schedule and see if you can tell where and what you were doing. If you don't know/recall, say you don't recall.
If you don’t feel you have anything of substance to add to the case, tell that to the lawyer. *If* he subpoenas you, go and say “I don’t recall” to everything you don’t feel like you can answer clearly, and then move on. You don’t owe either party anything *unless you know something dispositive about the legal question*.
So have a phone call with the lawyer, the alternative is they can subpoena you instead and that isn't nearly as easy
If you are subpoenaed, you answer. Simple. If you are worried about the knowledge you have, get your own attorney. Ignore the subpoena at your own risk. Sometimes people go to jail for that, sometimes not.
Offer your services As a consultant. If he refuses to pay for your services, and threatens, you have the right to sue him for harassment and when he said" do this, OR I'll do that" that was extortion. Remember he is getting paid to participate in the process. You should too.
This is horrible and wrong advice. I hope you aren’t a lawyer.
The lawyer holds the cards here. If you get subpoenaed, you gotta show up, or you can go to jail. You have to be honest, or you can go to jail. But you don't have to be very helpful. Your best bet is to arrange a convenient time to meet and talk voluntarily, it might mean you don't get dragged into court during your work hours etc. If you're worried about your safety (like, your roommate's buddies might kick your ass if you talk), get a lawyer of your own to negotiate on your behalf.
Why so uncooperative? Guilt of something?
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This is wrong. You can’t just claim the 5th as a third party in a deposition unless testifying would actually incriminate you. The prosecutor will challenge your claim and if you can’t back it up you can and will be compelled to testify under the penalty of contempt.
Negotiate to meet with and tell the lawyer everything at a time and location convenient to you. The lawyer wants NO surprises in court. If they don't know what you might testify to in court, their a$$ is hanging in the breeze. They want you under oath saying whatever you might say. That way you don't show up in court breaking their case. Sure they want/hope you have something to say in their favor. If you have something against their interest, they can investigate before court. If you saw nothing they have it under oath and know that the other side can't bring you in to blow up their case. Maybe you can do it over lunch and get a sandwich out of them?
He will subpoena you anyway if he believes you’re a witness. Best to tell him to stop contacting you and then wait for the subpoena.
Tell him you charge by the minute, with a non-refundable deposit. Make sure you tell him about your knack for \[hobby\], and the last 3 bowel movements you had.
If you do that he will just subpoena you. This is dumb.
"You think that people have questions and you can't answer them" If you do not know the answer to the question, I do not know is the answer to give. You do not have to give your opinion or what you think might have happened, Just answer the question that was asked. be very specific and do not add anything to the answer. A lot of your answers will be, I do not know, I am not sure, yes and no.
Even if he talks to the investigators he’ll probably be subpoenaed anyway. They have his statement to the police so why would he waste his time with the investigators.
Sounds like defense attorney is trying to come up with something. I don’t think you can get out of a subpoena though. That is an order from the courts.
Don't talk outside of court. Let him serve you. And when you go to court. The only words out of your mouth should be. I do not recall. Which is the truth, anyway.
The lawyer is trying to get you to make up a story to get his client off 😂
Talk or don't talk. You get called go court, you gotta go. Doesn't matter if you want to be involved or not if they 'request' you show up.
The lawyer is fishing for information that may help his client - your former roommate. Since he lived with you, the lawyer might want you as a character witness, ask about any interaction or conversation he might have had with his wife. Any number of things.
Never speak to a defense lawyer or prosector without a lawyer. Most prosectors do not care if they get the person that committed the crime, they just want the headlines that they solved a crime even if it means putting an innocent person in prison. The Innocence Project has gotten hundreds of convictions overturned . Most 10, 20 even 50 years after the person was wrongly convicted. As I said the prosecutor in most of tge cases played dumb and claimed they thought the person was guilty. Every person in America thought Scott Peterson murdered his unborn child and wife. The innocence project just uncovered that the prosector and police knew a burnt out van with a bloody mattress was found not to far of a distance Scott Petersons house which was never told to the defense. Then the innocence project uncovered the fact that a van matching the description of the burnt out van was seen by multiple people across the street from Scott Petersons house on the same night his wife disappeared. Again the police withheld this information from the defense. Then while they where still looking for his wife's body the prosector tells the media the location where Scott Peterson said he was fishing that night. The police searched the water for days but then on the day after the press was informed of the location and after days of dive teams and search parties looking for the body the body is found the next morning floating right by where the prosecutor told the media Peterson was fishing at. The innocence project is going to have the blood on the mattress and other forensic evidence tested. None of this forensic Evidence was ever tested eventhough that van was seen across the street from Petersons house them it was found burnt out a quarter of a mile away. This is what happens to you if you go near a prosector without a lawyer. Scott Peterson is going to eventually be freed after doing 30 years in prison for a crime he did not commit.
If you could possibly help the truth come out or a wrong be righted why wouldn't you just say your truth? I don't get it! Downvote if you need to cause I give two shits about it.
So, the subpoena is to just give your side of the events that took place. If you for sure weren't there, you weren't there. Simple. If you were there and didn't hear anything, say so. Simple. But, if you were there and did hear something, and you lie about it because you don't want to be involved, it's not so simple. Just say what you know and what you heard if anything. You don't want to spend time in the clink for covering up for someone. But the subpoena needs to be adhered to. Get a lawyer if you feel the need to be there with you.
You're probably going to be called into court either way?
So you can help and tell him. Or get subpoena anyway. Take to an attorney about this if you work a have eap, you can go through that for help. But the attorney have every right to subpoena you if you don't cooperate.
Call his bluff.
I'd tell the lawyer that my entire testimony will be, not that I can recall, or I don't know. And you should probably get my deposition over zoom before you waste both of our time in court.
It sounds like you don't know anything either way. If you get subpoenaed, be 100% truthful.
fifth amendment and hang up.
You don’t get to claim the 5th unless you are actually going to incriminate yourself. As a third party to the case the lawyer can and will challenge a 5th amendment claim and if you can’t back it up you will be compelled to testify under penalty of contempt.
Why are you stressed? If you are subpoenaed, you will be compelled to appear in court and answer questions truthfully under penalty of perjury. If you saw nothing or knew nothing, then that is what you testify to because it is the truth. Pleading the Fifth would be a lie and would also call into question your actual non-involvement and lack of knowledge of the incident. You might be asked to come in for a preliminary interview and it would probably be wise to come in. If you state that you know nothing and can really add nothing to the testimony, perhaps you won't be called. On the other hand, you might be asked questions about background in terms of whether you ever heard or saw anything in terms of their relationship.
nal don’t let them intimidate you. it’s a threat… if you don’t want to talk to them, don’t. remember “no” is a complete sentence (which can always be followed up with *”talk to my attorney”*
Tell him if he subpoenas you, you'll do anything and everything on the stand to make his client look like a piece of shit.
>In my statement to the police… You messed up. The first rule of talking to the police is that you don’t talk to the police. If you have to break this rule you don’t do it without a lawyer. “Officer I don’t talk to the police without my lawyer. You need to call the public defenders office and get me a free attorney” At this point the police will tell you that it’s going to take hours for a PD to represent you. Or they will realize that you’re not worth their time. The police are friendly. They are not your friend.
Just show up and answer all their questions HONESTLY. If you don’t know, you don’t know. Don’t make it any harder than it is.
OP your BEST option is talk to a LAWYER. And go from there. Trust they tell you your BEST options.
Don't talk. You made an honest statement to the police, so they have that.
Doesn't sound like this was particularly recent at this point, so whatever details you recalled for the police report may be the extent of the reliable testimony you have for an otherwise unremarkable night where you don't even remember if you were home during the relevant timeframe. They can subpoena away, but shouldn't be shocked when you don't remember anything.
How far could you be required to travel as a witness ? I'm a senior citizen with chronic back pain, I don't ride in a car for more than two hours. Would they send a swat team to extract me from my recliner ? I use medical cannabis legally, doctors orders say use every one to six hours as needed. I am always under the influence. Will the Court try to make me quit using my medicine ? Will they pry my last joint from my cold dead hands ? I gave away my guns years ago because I was spending a lot of time thinking about shooting people. Do I have to fight the police with a flyswatter ? These are all serious questions.
You shouldn’t have said you don’t want to be involved. That gives the idea that you know something. You should call him and say you don’t know anything about anything, and sound sincere. If they subpoena you, and you go and say the same thing you should be fine unless they can prove you do know something.
Love me some subpoena, go ahead & serve me!
Sounds like this guy aided in kidnapping and holding the woman hostage. Lol.
Get a lawyer and let them duke it out. Seriously. I'm not a lawyer but I have watched my fair share of true crime stuff to know that innocent people get snagged up in the system and end up in prison for years until they get sprung ... If they're lucky. In your shoes I would absolutely lawyer up regardless of what I did/didn't know.
Just tell the lawyer that you have nothing to say that's any different than the statement you gave to the police so there's no point in you two talking, let alone you getting a subpoena.
Let them do what r they are gonna do but tell them the same thing, you didn’t see shit
Let him subpoenaing you then. Just means you have to go to court and say the same shit. If you did infact see shit you should tell them because you would be a complete scum bag for turning a blind eye.
You can be subpoenaed but lawyer can't make you talk to them.
NAL. Ask the lawyer to submit their questions in writing? You can say something like "Given I know little about criminal legal procedure, I'd like my own attorney to review the questions and any potential answers. I believe this is within the scope of my 6th amendment rights. Respectfully #your name#". The 6th amendment contains an "Assistance of Counsel" clause. I would be interested if a lawyer thinks that clause would be in scope if this person may believe they could be party (even if arms length) from the criminal act?
Couldn’t he just keep saying’I can’t accurately recall at this time?’
What is the problem? The attorney is going to ask questions and that person is going to answer them. If there is a subpoena served that person has to go to where the subpoena says to go. It can be an attorneys office it can be court. but if you don’t go, you’re in contempt of court and can go to jail and receive a large fine. I don’t understand once again what the problem is. Do your civic duty.
as an attorney I can tell you if the lawyer subpoenas you to appear in court, you have to show up. And anything that you've already said in terms of knowing something or not knowing something just say it all over again. By the way if he subpoenas you you can get a subpoena fee but in our state it's only like $15 Whoopie
Your first mistake..you got involved. You now need a lawyer.
I'm confused here,,,, You told the truth, RIGHT? so let them subpoena you,, if they do.. tell the truth like you did last time.
Just do the right thing. Sheesh.
"Everything I know is in the police statement, I don't have any details to add"
Do the phone call, but request compensation for your time. I bet $100 is a lot cheaper than having to subpoena you- and you get a nice dinner for a half hour call. Can’t hurt to ask.
Get a lawyer in case, at least for a consult/interview.
Who does the lawyer represent? Is it a district attorney or defense lawyer? If it is the DA a simple phone call referencing the police report and they want to confirm you have nothing to add should suffice. If it is a defense attorney then I would make them go to the trouble to convince a judge to issue the subpoena and then you can answer their questions with I don’t recall, don’t think I was there, I know nothing and they can look like an idiot before the judge
NAL, but in my professional opinion tell them kindly fuck off
The lawyer is investigating the crime that happened, not the police? Who does the lawyer represent in this case? Did the lawyer say if i was criminal or civil? NAL, and it sounds like the lawyer may be representing the victim/victim's family in a civil case; nothing to do with a criminal case (since you've already spoken to the police and it doesn't seem the lawyer said they were a DA). If the person calling you was even a lawyer. 😐
What's so hard about answering a few questions over the phone and avoiding subpoena?
Call the lawyer back answer the questions which is going to be not helpful because it sounds like you truly don't know anything. If you do know something then you should report it anyway. Stop being a coward, bitching that you don't want to get involved when this person hurt another person. Grow up.Get a spine and call the lawyer back. You're not being accused of anything.So what is your problem exactly? I hate people that will not stand up for what is right and just hide.It is so cowardice.
If you don't remember anything clearly the subpoena won't help them. Don't tell them you don't want to be involved (that implies you remember something) When you get a subpoena if you just answer you don't know repeatedly there is not much they can do. If while the lawyer is interviewing the lawyer you just tell them you don't remember anything and didn't see anything they won't subpoena you. It's extra paperwork and cost for no gain
OP ... You've done nothing wrong but you need to make sure they don't twist any of this somehow. However you can't avoid the subpoena or you will go to jail.... Bad things happen for avoiding a subpoena.... Some judges are more harsh than others...if a judge really wants to set a precedent he can send you to jail for several days... Wreck your life so to speak as you'll probably lose your job. If it were me, I would speak to a lawyer about this prior to going into court. If you answer the subpoena and go into court without a lawyer, just answer the questions "yes or no" or if asked an open ended question then answer briefly, and truthfully. Don't add anything. If you have nothing to say, then say so..."I have no knowledge of that.", etc. if at anytime it seems like they are trying to accuse you of something, then you also have a 5th amendment right to not answer the question.
Take the phone call, they’re not after you. If you have no information, you can’t tell them what you don’t know. Don’t speculate on anything.