Legal Question in Criminal Law in Massachusetts
Subpoena and Public official
I'm Pro se in a Criminal matter, I had a subpoena served on a public official (head of agency) for the Trial. The pub official refuses to appear, the Court asks why I need the pub official and determines that it's a valid reason but sets another trial date without any action on securing my witness. I keep showing up, witness not appearing, Court keeps continuing it.(Court is very hostile to Pro Se's- I've noticed)
What can I do to get the Court to secure my witness?
Can I get this dismissed because of the Court non action?
3 Answers from Attorneys
Re: Subpoena and Public official
The court will not advise you on trial strategy. That is your attorney's job. If you do not have an attorney, you are at a severe disadvantage. If your witness is a federal employee, the witness may have an absolute right not to appear unless you follow the proper procedure to obtain their testimony. For example, the state does not have the authority to require the appearance of a federal post office employee. There are regulations, and a US Supreme court decision (US v. Toughy) to back up the post office. If the local court figures this out, you could be required to try the case without your witness.
If you are pro se in a criminal case, you run the risk of going to jail. You may think you cannot afford a lawyer. If you get wrongfully convicted, the decision to go pro se may be the biggest mistake of your life. The district attorney's office is out to get a conviction. Your lack of an attorney makes you an easy mark to get a conviction. The Courts will not come to your defense, that is your lawyer's job.... I wish you luck, but fear that you may be convicted...
Re: Subpoena and Public official
Something is missing in your post.
Was there a motion to quash the subpoena or for a protective order?
If so, which entity wrote the motion, the attorney-general's office or the DA's office?
What are the charges against you? What relevance does the public official have to yur case?
The superintendence of the courts can be invoked under very limited circumstances, but you do not give enough of your story to be able to make that determination, that is, whether those circumstances exist in your case.
What part of Mass are you in?
Re: Subpoena and Public official
Something is missing in your post.
Was there a motion to quash the subpoena or for a protective order?
If so, which entity wrote the motion, the attorney-general's office or the DA's office?
What are the charges against you? What relevance does the public official have to yur case?
The superintendence of the courts can be invoked under very limited circumstances, but you do not give enough of your story to be able to make that determination, that is, whether those circumstances exist in your case.
What part of Mass are you in?
I just noticed that you sent your question into lawguru some time ago. Is your case still ongoing? If so, call. If not, I hope everything went well for you...if you were NG, which I am assuming and presuming.