Legal Question in Criminal Law in Texas

Testimony

As I understand it, a court room/hearing is open to the public. I have a friend whos been charged with drug possession. I sit in the court room to witness the procedings, although the case has not actually been tried yet. The friends atty has threatened me not to attend the hearings any longer and has threatened me that if I appear in the court room again he will bring me before the judge. Ive done nothing wrong and was under the conception that IF I was ever to be brought before a judge I would have to be subpoenaed. Is my conception correct, or can the atty try to implicate me in this legal situation without probable cause? Please advise via email. Thank you.


Asked on 4/26/04, 2:08 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Testimony

Courtrooms are usually open to the public. However, once you enter the courtroom, you have now entered the Judge's courtroom and can be called to the bench by the Judge with or without a subpoena. I don't understand why the attorney is threatening you, you will need to ask your friend. The Attorney could keep you out during a hearing by swearing you in as a witness, and then envoking what we lawyers call the "Rule" (Under the Rules of Evidence) whereby all witnesses in the case must remain outside the presence of each other and cannot hear the testimony in the courtroom, and thus be sent out of the courtroom into the hallway to wait until they are called. Which in your case, would be never.

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Answered on 4/26/04, 7:49 pm


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