• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

URGENT - subpoenad to testify

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sister

Junior Member
What is the name of your state? NJ

I'm not sure of all the details of the case, but my 18 year-old brother was subpoenad today. According to the police officer who served him, he is being called to testify as a witness to a shoot-out/murder as well as testify against an officer who told him to discard of a bloody shirt he was wearing following the incident. He says they are planning to charge the officer in a federal case for this. According to my brother he was not involved in the shoot-out/murder, but was with the deceased at the scene and in the ambulance (that's why his shirt was bloody). The officer that served the subpoena states they are not charging my brother with anything, that they only need his testimony. Should we contact a lawyer for either advice or for representation at the court? What are his rights as a witness if he is not being charged with a crime?
 


garrula lingua

Senior Member
It wouldn't hurt him to have an attorney accompany him to court.

If the subpoena was personally served on your brother, then the court has jurisdiction over him- he has to attend court or risk a body attachment/bench warrant issued by the Judge for not appearing.

Your brother can call the Asst Dist Atty's Office and see if they are willing to allow him and his atty to come down to the DA's office and discuss what questions the ADA will ask and ensure that your brother will not be charged for any offense and will not be endangered.

Oddly enough, he's probably safer going to court & getting his testimony on the record - but he does need an atty to accompany him.

The ADA may be willing to give limited immunity to your bro in return for his testimony; I would strongly recommend a seasoned criminal atty go with bro. & ensure everything is clearly understood/guaranteed and any necessary protection is provided bro.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top