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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-11-2008, 06:38 PM
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Subpeonas?


What is the name of your state? Florida

I am currently possibly being issued a subpeona to appear as a witness in a robbery case. Is there any way to testify another way? I have 2 children in school (we live in Florida) and the case is in Maine. What are my rights? I have been told so far that I have no choice but it seems unfair for me to have to stop my daily life for someone else's crime. Can I testify in a local court in front of a judge or someone? Why do I need to interrupt my life for a crime I had no part in? Can anyone offer advice? My husband is the sole provider income wise and we don't have family resources here for babysitting and such. What can I do?

It wouldn't be such an issue if I didn't have school aged kids. And if there was no fear in testifying. (we moved out of state because of this case)

Any advice?
  #2  
Old 04-11-2008, 06:44 PM
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Q: Is there any way to testify another way?

A: Yes, but you must speak to the party who subpoenaed you. That party and the other party will have to agree to a satisfactory alternative.
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  #3  
Old 04-11-2008, 06:48 PM
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I have not been issued a subpeona but the DA's office in Maine has told me I will be. They have scheduled a conference call for Monday. What is that about?

I am so confused I have never had any legal troubles and I still don't but being as though this is going on I guess I do! Frustration is setting in because this is not easy for me to juggle at all! We moved 1400 miles to get away and still being haunted by this.

What are my rights?
  #4  
Old 04-11-2008, 06:55 PM
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Q: I have not been issued a subpeona but the DA's office in Maine has told me I will be. They have scheduled a conference call for Monday. What is that about?

A: Are you the victim or just a witness? I suspect it is about the details of the case.
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  #5  
Old 04-11-2008, 07:01 PM
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I am just a witness. I didn't see the crime nor did I now about it. Somehow I became a key witness. I think it was because I was one of the only ones who actually cooperated with them fully. (them meaning the district attorney and detectives) Everyone else was afraid of the consequences since the people who committed the crime are involved in a motor cycle gang.

My concern is that I will have to leave my children with my husband who will need to take off work. Well that poses a whole new set of problems..as he is the sole provider and we live paycheck to paycheck. Having missed work for him means our paycheck becomes less and we cannot afford this.

I have no problem at all testifying. I think if you commit the crime you should be punished. I just have a huge issue with having to up root my families welfare for something I had no part in. There has to be something I can do.
  #6  
Old 04-11-2008, 07:08 PM
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what are the other forms of testifying..maybe if i can suggest one they will be able to accommodate me?
  #7  
Old 04-11-2008, 07:12 PM
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You may be able to go to a lawyer's office or even an accommodating judge's chambers, be sworn in, and both sides could ask you questions over the phone or the internet.

That's just one choice.

It is the choice I would make if I were the prosecutor.
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  #8  
Old 04-11-2008, 07:14 PM
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Thank you for your time.

I will suggest just that and see how it goes. I would think considering they have told me that many of the other witnesses will not come forward..that they will do all they can to help me as I am in turn helping them.

Thanks again!
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