What is the name of your state (only U.S. law)? North Carolina
I have been subpoenaed to testify in a criminal matter against my brother. Since I am only a witness, there is no legal representation for me on this. The DA's office has requested a meeting with me with an intention of discussing what happened and going over my testimony. I will attend this meeting next week.
However, the defense lawyer has also requested to speak with me as well (on a message left on my phone).
I am confused. I thought that if one lawyer subpoenaed a witness, then that witness was off limits to the other lawyer? To be honest, I'm not sure WHERE I got that idea, but it's there nonetheless.
I have not spoken directly with either the DA or the defense as of yet, and will not until I know what I am supposed to do here.
I am willing to admit that the defense may not yet be aware that I have been subpoenaed and is trying to use me for their side.
What do I do? I've thought about it all weekend, and just cant make sense of it.
I'm pretty nervous about the whole thing. I'm so sick of court, and am hoping that this is not going to be another huge court battle. He's charged with felony habitual DUI, and a myriad of other charges as well. I've just done civil court before, and have never sat in criminal court before. We were allowed to be pretty free with testimony in the civil custody matter.
Will the DA tell me how to testify? Is it true that I should only answer with "yes" or "No", or will I be able to expand on my answers?
What do I do if neither yes or no is appropriate? For example if I am asked "Did your brother tell you that his vehicle was not street legal?" I cannot answer with either one, because what he told me was the strength of the engine but I knew that it was not legal for him to drive that vehicle.
Also, in re-reading the subpoena, it states that the subpoena "stands until resolution of this issue". Does this mean that I am considered under subpoena until the verdict is given?
I have been subpoenaed to testify in a criminal matter against my brother. Since I am only a witness, there is no legal representation for me on this. The DA's office has requested a meeting with me with an intention of discussing what happened and going over my testimony. I will attend this meeting next week.
However, the defense lawyer has also requested to speak with me as well (on a message left on my phone).
I am confused. I thought that if one lawyer subpoenaed a witness, then that witness was off limits to the other lawyer? To be honest, I'm not sure WHERE I got that idea, but it's there nonetheless.
I have not spoken directly with either the DA or the defense as of yet, and will not until I know what I am supposed to do here.
I am willing to admit that the defense may not yet be aware that I have been subpoenaed and is trying to use me for their side.
What do I do? I've thought about it all weekend, and just cant make sense of it.
I'm pretty nervous about the whole thing. I'm so sick of court, and am hoping that this is not going to be another huge court battle. He's charged with felony habitual DUI, and a myriad of other charges as well. I've just done civil court before, and have never sat in criminal court before. We were allowed to be pretty free with testimony in the civil custody matter.
Will the DA tell me how to testify? Is it true that I should only answer with "yes" or "No", or will I be able to expand on my answers?
What do I do if neither yes or no is appropriate? For example if I am asked "Did your brother tell you that his vehicle was not street legal?" I cannot answer with either one, because what he told me was the strength of the engine but I knew that it was not legal for him to drive that vehicle.
Also, in re-reading the subpoena, it states that the subpoena "stands until resolution of this issue". Does this mean that I am considered under subpoena until the verdict is given?