Legal Question in Criminal Law in Indiana

Subpoena

I was told that i got a subpoena.It wat delivered to my old address and dropped off with my 17 year old nephew. It is to appear in court to be a witness for the state against my boyfriends brother. There was a family dispute over a year ago and he fired a gun when we were all around, now the state is charging him with a felony. We have all forgiven him for it, but the state wont drop it. Is there anyway to get out of this subpoena? It may break up my home if I have to testify against my boyfriends brother and my sons uncle. We all live next to eachother and socialize on a daily basis, I dont see how i can testify against him, even though i did make statement the night this occurred. when i made my statement I was very angry, but now I just consider it a family dispute that is over and I dread my statement being played in court. Is there anything I can do?? Please help, I only have 4 days till trial day.


Asked on 6/14/04, 2:22 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Subpoena

I certainly would not advise disobeying a subpoena or perjuring yourself in any way. Yet, it should be personally served on you. If it did not come to your address or was not given directly to you, that's the State's problem as they are required to obtain proper service and notice. You have have seemed to indictae that you did not receive it. If the states thinks that you did, they could ask the court to send an officer to escort you to the trial to testify. Now, if you did have to take the stand, not knowing you or how clear your memory is after a year, you may or may not recall much if anything at all.

You can only remember what you can.

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Answered on 6/15/04, 1:51 pm


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