Legal Question in Criminal Law in Tennessee

What's the worst outcome for not being in court receiving subpneona in mail

i was in a domestic fight w/my father.he was arrested and booked into jail made bail and when he went to court plead not guilty&refused to take the anger mang.class.i received a letter saying i must show up for court this week.i don't want to be there.i want things to be dropped things just got out of hand and someone in the house ( i dont live incalled the police and they said they had to arrest him.i just wanted to leave the propery.it was all over me asking for $ to borrow and after2hrshe didn't want to give me any $and I was broke.he got furious grabbed my hair and told me to get out of his face.ididn't and we started fighting the cops were called 5min.later.I need to know what will happen if i don't show up.my dad had to hire a lawyer but i don't know what to do or who to talk to.is there a charge i could be facing if im not present that day.i just want this mess to be over with.i've now been disowned by my father indefinitely and im only 21.i never thought things would go this far and i need an answer quick.i did file a warrant that night but the police made it out like i had no choice.whats the best advice you can give me?i'm confused on what to do.again i don't want to be at court.i haven't seen my dad in over 4 months.


Asked on 6/06/06, 1:55 pm

2 Answers from Attorneys

David Heroux Haymaker & Heroux P.C.

Re: What's the worst outcome for not being in court receiving subpneona in mail

If you have been subpoenaed to appear in court, you must appear or you could be found to be in contempt of court. I you are testifying before the court under oath, you must tell the truth or you could be charged with perjury. If telling the truth on the witness stand could expose you to criminal prosecution due to your answers, you may be able to assert your 5th Amendment Privilege against self-incrimination. If there is any reason that you should not testify, if you think that your testimony may tend to incriminate you, you need a lawyer. Contact my office at TennesseeDefense.com to make an appointment.

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Answered on 6/06/06, 7:58 pm
Jes Beard Jes Beard, Attorney at Law

Re: What's the worst outcome for not being in court receiving subpneona in mail

Because such situations frequently involve even the victim doing something to provoke the person who is charged, and frequently doing something which would technically constitute an assault, and since when the police arrive and take the victim's statement it is very easy to unintentionally exagerate is describing what happened, and since if when you are in court your testimony might not perfectly match what you told the police initially, and since when that happens police CAN arrest you and charge you with filing a false report, my experience in such cases is that you can generally in good faith assert the 5th Amendment and refuse to testify.... but you need an attorney there for you to do it, or most judges and prosecuting attorneys will bully you into testifying.

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Answered on 6/11/06, 10:06 pm


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