juvenile subpoena

kentucky, minr son was subpoena(ed) today to testify for the state. I guess he has to show up, but does he have to testify? The last time he answered a sherrifs question about what he knew he was beaten up ( we pressed charges-fine & probation to the attackers) So....any ideas what our/his rights are as to testifying?

brothers278 said:

kentucky, minr son was subpoena(ed) today to testify for the state. I guess he has to show up, but does he have to testify? The last time he answered a sherrifs question about what he knew he was beaten up ( we pressed charges-fine & probation to the attackers) So....any ideas what our/his rights are as to testifying?

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Yes he has to testify.

Yes, he has to participate in the case against his attackers.

Further, they have the constitutional right to face their accuser.

Yes he has to show up, but he may be able to plead the 5th and not answer any questions. Has he given a statement to law enforcement or the prosecutor? If he was the victim you might check to see if your county has a victim's advocate department or consult an attorney.

If he pleads the 5th or refuses to answer questions, he could be held in contempt of court. If he is the victim, chances are the court will simply release his attackers and the state will drop the charges. It might also open him (and his parents) up to civil suits for false arrest or for making false claims against them that resulted in their arrest. If he clams up, he may very well be admitting (legally) that nothing happened.

Sure, it's not likely they will sue if it really happened, but I have seen it done before, successfully.

- Carl

Carl,

That's a very good point. You shouldn't say anything to an officer that you wouldn't say in court under oath. If he has already given a statement then his best choice would be to show up and answer the questions truthfully in court. This is why you should always consult an attorney before speaking with law enforcement. He was not legally obligated to answer any questions posed by the sheriff. You can prepare a statement for law enforcement if you are a witness to a crime after you consult with an attorney.

Mikef6301 said:

Yes he has to show up, but he may be able to plead the 5th and not answer any questions.

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What grounds would he have to plead the 5th?

Mikef6301 said:

Yes he has to show up, but he may be able to plead the 5th and not answer any questions. Has he given a statement to law enforcement or the prosecutor? If he was the victim you might check to see if your county has a victim's advocate department or consult an attorney.

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What does the 5th Amendment have to do with the OP's situation??

The court would likely interview the minor 'in camera' (out of the court) to determine if what he might say could, indeed, incriminate him in a crime. If it would not, then he can not generally "plead the fifth" and would likely be directed to answer the questions put to him.

- Carl

Mikef6301 said:

Yes he has to show up, but he may be able to plead the 5th and not answer any questions.

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The 5th amendment allows one to not testify to anything that would incriminate himself, so that would not apply to your son's situation.