Legal Question in Criminal Law in New York

prosecutor

I was the secondary witness of a domestic battery case involving my sister and her husband. Since then I have moved from W. virginia and now the prosecutor has tracked me down and called me. She threatened me that if I didnt cooperate with her and tell her what she wanted to know on the phone she would prosecute me as well. Can she do this and compel me without a subpeona? What are my legal rights? I was told she has no jurisdiction since

I am out of state. Do I have to cooperate like this and talk to her ? Can she force me to come without a subpeona by threatining me? The case was dismissed at magistrate court and now has been taken to district court and she has said that based on what I told her on the phone she can use that verbal statement to get a conviction. Any advise is appreciated! I cant leave my kids and job to go and testify.


Asked on 8/15/06, 12:38 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: prosecutor

If you are not subpeona'd then you have every right not to cooperate, and no action can be broug against you. It seems that you are talking about a Federal case, since you mentioned District Court... you are empowered with a constitutional right not to cooperate if you chose not to... if you are subpeona'd however, and as a result compelled to testify - which the prosecutor may seek to do if you refuse to cooperate then my advice to you would be to simply do what you can in order to cooperate to the fullest of your capacity...

Any questions feel free to contact my office #2127098303

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Answered on 8/15/06, 6:21 pm


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