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Len
Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience:  15 years practice in criminal and employment law.
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how to stop annoying subpoenas to court for a case in which

Resolved Question:

how to stop annoying subpoenas to court for a case in which i have no involvement. i consider this harrassment.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Len replied 5 years ago.

Can I get a little more information?

 

1. Were you a witness to the actual events being litigated, even in a tangetile manner?

 

2. Is this a civil or criminal proceeding?

 

3. Has the issuing party told you why you are being served with the subpoena?

 

4. Is it possible that you are wanted as a character witness, or that you might have information as to a person's reputation or habits?

 

Thanks,

 

Len

 

Customer: replied 5 years ago.
no to all questions. when we go to court, she reveals what is and has been going on and it is all new to me. not involved in my son's affairs. didn't even know where he was until she told the court.
Customer: replied 5 years ago.
the judge said when and if my son returns to va. he will be arrested and fined $10,000.00 i guess this criminal?
Expert:  Len replied 5 years ago.

Ah, OK. Thx for the additional information.

 

Well, there is something that can be done, but from what you have tried already, you are going to need the assistance of a lawyer.

 

The document that needs to be filed is a Motion to Quash. You could probably file this paperwork yourself, and you could find an example copy from the court's clerk. All courts utilize model forms. You could simply type one up filling in your specific information. However, I think a lawyer will be required so that you can not only get the current subpoena quashed but also to obtain future protection in the form of an order signed by the judge. These have many names and titles; e.g. Order of Protection, Order of Excusal, etc. To obtain a permanent excusal, you will need the help of a lawyer and obtain a a short hearing, 15-20 minutes.

 

Your goal would be to demonstate to the court that you truly have no relevant information in the proceeding. Obviously past letters and other evidence of attempts to be excused will become very important sucvh as letters to the person's attorney that have been ignored. Once accomplished, you should not have any problem obtaining the order.

 

You could also sue this person for civil harrassment, and it might be possible to sue for malicious prosecution, (the latter is rare in most states but something worth looking into). However, you decide, please try to find a lawyer through reputation and referral from people that you know. I do recommend that you at least visit with a good local attorney that does trial work. There is no substitute for that.

 

Take Care,

 

Len

 

 

Please press accept and leave some feedback when you get a chance.

 

Customer: replied 5 years ago.
thank you so much, i wll notify notify a lawyer. court is friday. i just got the subpoena julyXXXXXis july 17
Expert:  Len replied 5 years ago.

You're more than welcome.

 

When I gave the answer above, I saw the part about your son. Without seeing the file itslef, I can only guess that your son was probably served a subpoena and then failed to appear in court. A failure to appear can be criminal in some situations, (such as a criminal case). Here, I would guess that he is subject to the court's contempt powers. If that is correct, he could be fined, but that would not be predetermined.

 

Get the lawyer, and you can make the subpoena stop.

 

Len

 

Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience: 15 years practice in criminal and employment law.
Len and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
again thanks

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