Legal Question in Criminal Law in Georgia

Subpeona

I don't even know if I spelled that right, but here is my question. Someone that I know received a subpeona and they are fearful of testifying due to a genuine concern for the safety of their family. The matter at hand occurred near my friend's place of residence. My friend told police everything that he knew when he was questioned. Now he is being subpeonad to testify. The defendant and all other parties involved in this situation know where my friend lives. My friend lives with his mother and two brothers (ages 8 and 12). What should he do? He certainly does not have money to consult with a lawyer.


Asked on 6/12/09, 8:54 am

1 Answer from Attorneys
Albert Wan Albert Wan - Attorney at Law

Re: Subpeona

My suggestion is to first find out which party (prosecutor or defense attorney) issued the subpoena to your friend. It should be clearly indicated on the subpoena itself. Then have your friend speak with that party. If he or she is unresponsive to your friend's concerns, then speak to the judge presiding over the matter. If he does not know who the judge is, then he should ask for this information during the initial conversation with the party who issued the subpoena.

Unless the subpoena is either withdrawn by the issuing party or modified/thrown out (known as "quashed") by the judge, your friend will most likely have to testify or provide whatever information asked for in the subpoena.

NOTE OF CAUTION: if there is even the slightest chance that your friend may be viewed as having been involved in the "situation," i.e., not merely a witness, he should NOT talk to the prosecutor and/or the defense attorney. Instead, he should go straight to the judge, and, if possible, contact an attorney.

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Answered on 6/12/09, 10:37 am


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