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FloridaLawyer
FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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My daughter got subpoened as material witness to Pierson Hood

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My daughter got subpoened as material witness to "Pierson Hood" gang and racketeering charges. She is five months pregnant and when she went down town, she thrown in jail for contempt of court. According to her she got cited because when she got downtown she was given a piece of paper with a lot of allegations on them purpoting to be part of the evidences and charges against one of the defenders whom she had a baby by. My wife is been hysterical about it and tried to pay lawyers to represent her. I thought it was waste of money, and demand instead that my daughter shoulkd say,speak or back up any truth on the paper given to her by the FBI. If everything or some things are not what she thinks, she should still testify but say they are not what she knows. My wife thinks a lawyer can free my daughter from the whole of idea of testifying because she thinks the FBI is endangering my daughter. Please adivce ASAP.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 8 years ago.

HelloCustomer

 

Sorry to hear about your daughter's situation. As you have recently learned, a subpoena is like a court order and the judge takes these matters very seriously. It is a shame that whatever she said actually caused her to be found in contempt of court and jailed but I would suspect that they will not keep her very long for that, especially since she is pregnant. However, she cannot ignore the subpoena and needs to provide a statement and say what she believes to be the truth. If there are reports or other documentation that she believes are inaccurate or unfounded, she should say so, calmly and respectfully. This will assist not only the Defendant, but will assist the prosecutor in revealing whether or not the charges can be proved, or if they should be reduced or dismissed altogether.

 

If your daughter and/or her mother are concerned that her testimony may put her in danger of retaliation, she should advise the prosecutor of her concerns and inquire as to whether she can maintain anonymity for her assistance or whether there are witness protection measures available to her. However, I doubt that she will be easily "freed" from any obligation to provide evidence that she may have knowledge of. If she refuses to cooperate and/or implicates her own involvement, she could be charged with aiding and abetting, accessory after the fact, obstruction of justice, or other criminal charges.

 

It sounds like your daughter learned a hard lesson about being disrespectful to the court and hopefully she will simply cooperate with the authorities and tell them the truth as she understands it.

 

Best of luck to you and your daughter!

 

MDonnelly

 

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