Legal Question in Criminal Law in Florida

subpoenied

My daughter and I have been subpoenied in a case by the prosecutor. My daughter is 5 years old and is the victim of an event that occured alomost 12 months ago. I have a letter from her counsler saying it is not in her best intrest to bring this matter up again; An attorney told us the prosecutor wasn't allowed to subpoena her own witness?? I need help in this matter, we are in Florida.


Asked on 12/19/07, 12:29 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: subpoenaed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Attorneys sometimes have to subpoena a witness who has become uncooperative and what is termed "hostile". Obviously, the State Attorney believes that your daughter's testimony is crucial to their case. I suggest that you speak with the State Attorney and see how this might be handled to alleviate the concerns you have for your daughter. If this does not result in a compromise, then you might have to hire and attorney to try and protect your interests and those of your daughter.

Scott R. Jay, Esq.

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Answered on 12/19/07, 12:45 am


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