Legal Question in Criminal Law in Texas
chldren being subpoenaed
can children ages 11 and 15 be forced to give staements or testify in court as witnesses to a assault without their mother's, (legal guardian), knowledge or conscent?
2 Answers from Attorneys
Re: chldren being subpoenaed
It is possible, but unusual. There are factors and safeguards that need to be strictly followed. If the state insists on proceeding, the parent, on behalf of the children, should either hire a lawyer, or ask the court for an ad litem to be appointed for them.
Re: chldren being subpoenaed
Based on what you have written, the state may proceed forward with getting testimony from children. There are specific criminal procedures for the proscution to follow. The parent (legal guardian) should seriously consider speaking with a criminal defense law firm to assist with this process. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for an initial consultation.
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