Legal Question in Criminal Law in Georgia
My boyfriend has been issued a subpoena to testify in a criminal case for which he was initially arrested but released on bail. No charges have been filed against him, but he's worried about incriminating himself. Is there a possibility of being charged?
3 Answers from Attorneys
How would we know? Did he do it? If so, he obviously needs to be worried. If he was arrested, he needs to be worried. He also needs a lawyer and not a girlfriend posting things on the internet.
You haven't given any facts, so it would be useless for us to guess.
Unless he is a complete fool, he hired an attorney (or you did for him) as soon as he was arrested. He should be asking that question to his attorney before he testifies. And yes, if he does not have an attorney, he is potentially risking that what he says will be used against him.
Your boyfriend has received a subpoena, because he is a possible witness against the armed robber. The armed robber will receive a subpoena when it is your boyfriends turn to go to court. The subpoenas are automatically generated by the computer. The computer was programmed that way, because the prosecutor is required to give the defense notice of any witness that will testify at trial, or risk not being able to call that witness. So, your boyfriend's name appears just in case the prosecutor reaches a deal with him, and forgets to put his name on the witness list. If your boyfriend is charged with robbery, then he should assert his fifth amendment privilege, which will negate all this talk about him beign called for trial. Even more interesting is why have you not asked your boyfriend's attonrey. Does he have an attorney, or is he playing the ostrich game. The ostrich game: I make bond, consult with no attorney, stick my head in the sand, and hope that I never have to deal with the charges. If the prosecutor is poursuing the armed robber, they will be coming for your boyfriend next, and may even cut a deal with the armed robber to get your boyrfriend. SO, I suggest get your head out the sand and get an attorney. See website for the right attorney: www.lawrencelewispc.com
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