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subpeona....can i have a lawyer present?

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splatterbug

Guest
What is the name of your state? va

i've been subpeonaed to be a witness at a friends child termination hearing, do i have a right to have a lawyer present when i am being questioned, what are my rights as for as having to get up on the stand?
 


calatty

Senior Member
If you have been subpoenaed, then you must testify or face contempt charges. You can bring a lawyer with you wherever you want, but the state will not pay for one unless there is some chance you will be incriminating yourself.
 
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splatterbug

Guest
what do you mean by saying unless incrimidating yourself? then they will pay for the lawyer?
 

JETX

Senior Member
"You can bring a lawyer with you wherever you want, but the state will not pay for one unless there is some chance you will be incriminating yourself."
*** Calatty is incorrect. This is clearly a civil issue and the state will not provide an attorney for you.

Why do you feel that you would need an attorney?? Simply answer the questions that are asked.
 

calatty

Senior Member
Virginia appoints counsel for the parties in termination proceedings, which are not civil custody proceedings. See Fredericksburg Dept. of Social Services v. Brown, 33 Va.App. 313, 533 S.E.2d 12 (2000). If the witness were concerned about testifying because her/his testimony might subject her to criminal prosecution, the court could not compel his/her testimony without a lawyer present without violating the Fifth and Sixth Amendments.
 

JETX

Senior Member
Your post would be correct IF the writer was a party to the proceedings. Clearly, the writer is not ("i've been subpeonaed to be a witness at a friends child termination hearing,").
 

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