Legal Question in Criminal Law in Minnesota

Drugs

My boyfriend is getting charged with 8 felonies and I was wondering if here was way legal way to not testify against him in court?


Asked on 4/22/03, 12:36 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Drugs

If a person is personally served a subpoena (or other court order) to appear as a witness at a hearing or trial, then that person is legally obligated to appear in court for that purpose. If a person who has been properly subpoenaed fails to comply by appearing, then the party who requested the court subpoena has the option of requesting appropriate relief from the court, which could include a "pick up" order for the Sheriff to "pick up and hold" the witness for testimony, or a motion to hold the person in contempt of court with immediate or later sanctions, or perhaps a criminal charge. In my experience, what I have seen most often -- is either nothing is done at all, or an immediate "pick up" order is issued by the court, especially in more serious cases. In order to be subject to a subpoena, the witness must first be served a copy of it. If a person is served a subpoena, but wishes to lawfully resist it, the person can hire a lawyer to make a motion to the court to "quash" (nullify) the subpoena. One ground for doing so, or for refusing to testify in court, if applicable, can be the "Fifth Amendment" Right Against Compelled Testimony Against Self-Interest. Caution: You should have a lawyer to help you with this and represent you, if you think that ground applicable to you. If you are concerned about these subpoena issues generally, you should consult with a criminal defense attorney about it, and rely upon their advice after confidentially and fully disclosing your situation, rather than on these rough hints I have attempted to provide here.

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Answered on 4/23/03, 3:26 pm


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