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Can defense witness attempt court case prior to trial?

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Prosehelp

Junior Member
What is the name of your state (only U.S. law)? IL

I'm to be a trial witness in a criminal case which my friend has been charged with.

I have attended all pretrial court appearances over past 2 years in support of my friend. He goes on trial in a couple of weeks. This last court appearance I saw the bailiff intercept an audience member and ask their name. He then mentioned to them (and I) that he was making sure they were not on the witness list because they could not attend the session.

I need to know if this is correct. I was subpoenaed by defense 1 week ago and will now testify at trial if the defense actually calls me, but I had been listed as a potential state witness 2 years ago and have never been told that I could not attend pre-trial sessions as a result????? The State said a couple of months ago that they will not call me as a witness. The put in a MIL for the judge to admonish me that if I do chose to testify I will not be allowed to take the 5th and anything I say can be used against me.

Well, now that I am subpeonaed by the defense, I do have to attend, although I doubt I will have to take the 5th as I did nothing illegal.

I know that I cannot watch the trial until after my testimony is concluded, but is the bailiff correct and am I barred now from even attending anything pre-trial?
 


justalayman

Senior Member
Your restrictions should be listed in your subpoena.

If it is not clear I strongly suggest you contact the defense attorney and ask them since any issues would be damaging to his clients case. He is not
going to tell you it's ok to attend if it isn't since apparently the defense does want you to be able to testify.
 

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