subpoena out of state

[caaron12]

What is the name of your state (only U.S. law)? TX

I recently received a subpoena (to testify at a criminal trial) for a trial that was in November. Now the trial has moved to December I haven't received another subpoena but know they plan to send one. I have multiple issues with being able to comply. First is that its a trial in GA and I live in TX. I have a new baby (almost 3 months) as well as a toddler. My husband is active duty Army and I also watch his boss's children as well. (Another Soldier) Along with all of that I am breastfeeding but my baby does not latch so I need to pump every 3-4 hours and then bottle feed. I asked the (prosecuting attorney) for the judges name twice but he has not given it to me. Im not sure if my case was pled as to why Im saying I cant attend but I am being threatened that they will come and force me to go and if my husband is not home they will take my kids. I just dont know what exactly my rights are.

 

[Just Blue]

What is the name of your state (only U.S. law)? TX

I recently received a subpoena (to testify at a criminal trial) for a trial that was in November. Now the trial has moved to December I haven't received another subpoena but know they plan to send one. I have multiple issues with being able to comply. First is that its a trial in GA and I live in TX. I have a new baby (almost 3 months) as well as a toddler. My husband is active duty Army and I also watch his boss's children as well. (Another Soldier) Along with all of that I am breastfeeding but my baby does not latch so I need to pump every 3-4 hours and then bottle feed. I asked the (prosecuting attorney) for the judges name twice but he has not given it to me. Im not sure if my case was pled as to why Im saying I cant attend but I am being threatened that they will come and force me to go and if my husband is not home they will take my kids. I just dont know what exactly my rights are.

What type of criminal case is this? Are you the victim? Did you request to appear via telephone?

 

[caaron12]

No, Im not the victim. Its a sexual assault case. I was at the place when the supposed crime took place from what I am told. I did request to comply from TX but was told it is not possible (by the attorney).

 

[Just Blue]

No, Im not the victim. Its a sexual assault case. I was at the place when the supposed crime took place from what I am told. I did request to comply from TX but was told it is not possible (by the attorney).

I would suggest you pump and freeze milk for the child. And hire a sitter for the child as well as tell the boss he will have to arrainge child care for the time you will be gone. The state must really think your testimony crucial to the case.

 

[caaron12]

That would be a fair solution. But like I said, we are a military family and the only "sitters" we ever have is myself or my husband. I have no sitters to hire. Pumping and freezing is fine but I have to continue to pump every 3-4 hours as well when away.

 

[Just Blue]

That would be a fair solution. But like I said, we are a military family and the only "sitters" we ever have is myself or my husband. I have no sitters to hire. Pumping and freezing is fine but I have to continue to pump every 3-4 hours as well when away.

Ca't Junior come with you? The DA can arrainge someone to care for baby while you testify.

Seriously. How would you feel if the rapist goes free and victimizes another woman or child due to you not showing?

 

[caaron12]

It will be impossible for me to travel with a newborn and toddler. I would not have the ability to pump/bottle feed while taking care of my other child as well. As well as managing thru various airports. It may sound possible but I have traveled alone with one child before while not pumping/breastfeeding and that was difficult. I am trying to comply within reason. But this is not within reason. As well as I cannot afford it, having to pay out of pocket for anything will cause bills to go unpaid. Not to mention losing money myself. Yes I see what you are saying about my testifying but my kids need to come first. I find it very difficult to believe there is no arrangements that can be made.

 

[ShyCat]

It will be impossible for me to travel with a newborn and toddler.

Difficult, yes. Impossible, no. People do it all the time. And your toddler can stay home with a babysitter. You can find someone, I'm sure. They're not extinct, last I heard.

I would not have the ability to pump/bottle feed while taking care of my other child as well.

Really? Then how do you do it now? Especially with the other children you watch.

Recommend you spend less time trying to come up with excuses and more time taking action to make this work.

 

[caaron12]

Im assuming saying this you do not have kids. I watch them at my home. Not in an airport bathroom. I dont have to carry a pump, bottles and fridge as well as my toddler, baby and stroller. You can call these "excuses" if you want. But in reality what I am doing is asking for LEGAL advice. Before I make trip to the grocery store I pump/then feed the baby then hurry my butt up so I can make it back in time for the next pumping and feeding session. I was forced to quit breastfeeding my first child due to deploying to Iraq and if I am forced to travel in reality I will need to quit because it isnt possible for me to make connecting flights while pumping and being in pain from clogged ducts. Each pumping session takes 20-30 minutes. At home my baby is in his crib or swing while I pump and my toddler is playing. Now after explaining all of this.. there is VALID reasons I am not able to travel.And that was only ONE. I am asking if anyone can give me legal advice as to what my rights are. I have not received another subpoena for new court dates and was told they are wanting me to fly there on two different occasions.

 

[ahnvil]

I will start by saying I have no legal advice for you, I have no idea what your rights are under these circumstances.

That said...

Your husband is on active duty, which means he has full time access to legal assistance. If you're in deers, you do too. Utilize the base/ post/ regional legal office.

Explain that you don't wish to attend in person but would be willing to Skype/ phone in or make a statement/ be deposed on video; anything that doesn't involve travel. If the prosecutor isn't willing to work with you on that, see if he will pay your expenses and hire someone to fly with you.

If he's not willing to do what is necessary to bring a key witness in for a likely (from your wording in OP) fabricated charge, tell legal about him being evasive when asked who the judge is. An email or written letter to the judge can do wonders.

If all else fails, how often do you visit GA? Worst case, you just don't go and they issue a warrant for contempt. I doubt the Great State of Georgia would be willing to have a mother of two young children and wife to a soldier arrested in her home over this.


*edit*
Missed the part where you deployed to iraqistan...

If you're reserve, you could talk to your unit about temporary activation... Operational commitments outweigh local court subpoena, and the DA would be forced to allow you to testify remotely or postpone his case for an indefinite period of time... Just a thought...

 

[Just Blue]

I will start by saying I have no legal advice for you, I have no idea what your rights are under these circumstances.

That said...

Your husband is on active duty, which means he has full time access to legal assistance. If you're in deers, you do too. Utilize the base/ post/ regional legal office.

Explain that you don't wish to attend in person but would be willing to Skype/ phone in or make a statement/ be deposed on video; anything that doesn't involve travel. If the prosecutor isn't willing to work with you on that, see if he will pay your expenses and hire someone to fly with you.

If he's not willing to do what is necessary to bring a key witness in for a likely (from your wording in OP) fabricated charge, tell legal about him being evasive when asked who the judge is. An email or written letter to the judge can do wonders.

If all else fails, how often do you visit GA? Worst case, you just don't go and they issue a warrant for contempt. I doubt the Great State of Georgia would be willing to have a mother of two young children and wife to a soldier arrested in her home over this.


*edit*
Missed the part where you deployed to iraqistan...

If you're reserve, you could talk to your unit about temporary activation... Operational commitments outweigh local court subpoena, and the DA would be forced to allow you to testify remotely or postpone his case for an indefinite period of time... Just a thought...

Where does OP state that this was a "fabricated charge"? And why do you think that if OP does not appear in court and the Judge finds her in contempt, the warrent will only be in GA?

 

[CSO286]

*edit*
Missed the part where you deployed to iraqistan...

Just WHERE is iraqistan????

 

[CSO286]

That would be a fair solution. But like I said, we are a military family and the only "sitters" we ever have is myself or my husband. I have no sitters to hire. Pumping and freezing is fine but I have to continue to pump every 3-4 hours as well when away.

There are no other miltiary families who can help you out?
Base Child care?
Friends?
Family?


With all due respect, you are looking harder for obstacles than you are for ways to get it done.

 

[caaron12]

There are no other miltiary families who can help you out?
Base Child care?
Friends?
Family?


With all due respect, you are looking harder for obstacles than you are for ways to get it done.

Thank you for the other response/ advice ahnvil. Its appreciated. So CSO286? would you go ahead and leave your kids with people you dont know for 3 -4 days?? If you dont have kids yet.. do me a favor and please dont have any. Being in the military.. how AWESOME and AMAZING it would be to have family nearby. Unfortunately for us that is a luxury!!!!! I will not leave my kids with strangers.. especially not a newborn. The only "friends" I have here are on the military and cannot just take 3-4 days off at a time. And thats my reality.

 

[CSO286]

Thank you for the other response/ advice ahnvil. Its appreciated. So CSO286? would you go ahead and leave your kids with people you dont know for 3 -4 days?? If you dont have kids yet.. do me a favor and please dont have any. Being in the military.. how AWESOME and AMAZING it would be to have family nearby. Unfortunately for us that is a luxury!!!!! I will not leave my kids with strangers.. especially not a newborn. The only "friends" I have here are on the military and cannot just take 3-4 days off at a time. And thats my reality.

I'm not military, but my sister and her husband just got out after nearly a decade. My sister always told me stories of how the military spouses helped out one another and formed incredibly tight friendships, doing for another and helping each other out. Seems odd that you can't find any friends willing to help you out and the family you sit for, so you could at least travel with the infant.


I can empathize with the struggles of being a nursing Mom, even with having to pump at inconvenient moments. I had a C-section and just a few months later an appendectomy, so yes, I've been inconvenienced more than a few times. I've even had to travel with toddlers and infants.....


I do stand by my previous statement.