Criminal Law Questions? Ask a Criminal Lawyer.
Hello and welcome to JustAnswer.
I would like to help you with your question.
Please keep in mind that what you communicate to me here is not confidential. There is no attorney-client privilege.
Can yo tell me what type of case you have been subpoenaed to testify?
I needinformation as to what will happen to me when I go before a grand jury. Also will they know that I have never been convicted of a crime?
They will know only what you and any any other witness tells them.
What type of case are you being called in for> theft, passing bad check, murder?
I believe that they are going for some type of child abuse, because when I was wrestling with my son he had me in a choke hole, so bit his penis. It didn't hurt him and he just laughed and let me go. His mother hates me, and when she heard she rushed him down to Ohio to make a report
So are you the target of the grand jury investigation?
How old is your son?
yes, I am but I don't know exactly what they want to charge me with
my son is eleven
It seems very odd that you have been subpoenaed to testify.
why is odd, since his mother made a report against me?
As a defendant you have a right against self incrimination under both the federal and Ohio's constitution.
what does that mean exactly?
So defendants very rarely testify before the grand jury.
do you have the subpoena?
do you know why this is happening then?
I am wondering if you received a notice that is something different than a subpoena.
yes I have the subpoena
you said the mother rushed him down to Ohio to make a report, do you reside in another state?
is it captioned subpoena?
it says praecipe for grand juryywitnesses
and is it captioned IN the ************ County, Ohio, Common Pleas Court, Criminal Division?
well that is pretty clear then that it what it is.
sometimes, people get confused about what they receive.
what can you tell me?
Are you in a different state than Ohio?
I want to you to understand, please do not give me details of what happened. What you say here is not confidential.
I realize that, but I need some sound advice.
I will give you some general information, but under the terms of this site I cannot give you legal advice.
before I explain how a grand jury works, let me tell you what I will be telling you at the end.
ok, tell me the best way to present myself in a good light
CALL AN EXPERIENCED CRIMINAL LAWYER BEFORE YOU DO ANYTHING. DO NOT DISCUSS THE FACTS OF YOUR CASE WITH ANYONE other than the lawyer. If the incident between your son and you is alleged to have happened in Michigan, you want to hire a lawyer that practices in both states and one that has experience with juvenile court custody matters ( I assume you and the mother are not and have not been married to each other).
Grand Juries investigate and charge people with criminal offenses.
Do I need to have a lawyer in Ohio? My lawyer is in Michigan, and I believe he does not practice in Ohio.
Anything you tell them, will be used against you. if you admit to doing something that you claim is horseplay. You can bet your last dollar that if the prosecutor, does not believe you they will use that statement to support the claim that you did something criminal.
so how do I get around this then?
yes, you want an Ohio lawyer. what county are you in michigan? are you just across the State line?
just north of detroit, correct?
what part of ohio is she in?
Also how was the subpoena served upon you?
there are special rules for serving a subpoena out of state, prosecutors routinely ignore the rules.
I don't know who the she is. the subpoena was delivered in the mail, and signed for
did you or someone else sign for it?
yes my father did.
your, answer is NO, i did not sign for it.
ok. what is the significance of that
they cannot show you were served is one.
so how does this help me. I still have to appear next friday
give me a minute, i want to find rule on service and witness fees.
RULE 17. Subpoena
(A) For attendance of witnesses; form; issuance. Every subpoena issued by the clerk shall be under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in and file a copy thereof with the clerk before service.
(B) Defendants unable to pay. The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application of a defendant upon a satisfactory showing that the presence of the witness is necessary to an adequate defense and that the defendant is financially unable to pay the witness fees required by subdivision (D). If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be taxed as costs.
(C) For production of documentary evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein; but the court, upon motion made promptly and in any event made at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that the books, papers, documents or other objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time they are offered in evidence, and may, upon their production, permit them or portions thereof to be inspected by the parties or their attorneys.
(D) Service. A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, marshal, or a deputy of any, by a municipal or township policeman, by an attorney at law or by any person designated by order of the court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by reading it to him in person or by leaving it at his usual place of residence, and by tendering to him upon demand the fees for one day's attendance and the mileage allowed by law. The person serving the subpoena shall file a return thereof with the clerk. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service, or otherwise.
(E) Subpoena for taking depositions; place of examination. When the attendance of a witness before an official authorized to take depositions is required, the subpoena shall be issued by such person and shall command the person to whom it is directed to attend and give testimony at a time and place specified therein. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible objects which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 16.
do pictues taken while we were on our summer vacation in ohio count
sending the subpoena to you certified mail does not comply with Rule 17(D) nor does the service comply with part of Rule 17 (D) which requires payment of travel fees.
count for what?
how do i defend myself then
if they are relevant and someone authenticates them, they would be admissible.
Get a lawyer. What county is the subpoena from?
bottom line, will a decision be made that day
The grand jury will not be required to decide that day.
Grand juries decide if there is probable cause that crime was committed.
they do not decide guilt or innocence.
would my parents being there help? they were home when we came back from vacation they saw my son, and also noted his happiness about his vacation
if the child's mother comes to court and say the child told her you bit him and you admitted it, that would be sufficient enough for the grand jury to charge you with a crime, of assault, domestic violence, or perhaps even a sex crime.
i believe that she did
was your vacation in michigan?
no in ohio
oh ok, then you need an ohio criminal attorney
cansomething really as harmless as this was really ruin my chances with my son
if the conduct she is complaining about is alleged to have occurred in Ohio, then Ohio would have jurisdiction.
is ther anything you can tell me to help aleviate some of my fears
ruin your chances? if someone wants to twist it into a sex crime it could get you incarcerated, and have you be required to register as a sex offender
what county is the subpoena from?
even if this is the first bad thing against me
I can tell you this, if you get an experienced criminal lawyer to assist you, he will be able to talk to the prosecutor and see how serious they are.
the subpoena is from erie ohio
As I said, without getting the detailed facts from you it is hard to guess the outcome.
and what you say here is not confidential.
do i come alone
Here is a link to the erie county bar association referral page for criminal attorneys,
no, bring your lawyer.
call one today and leave a message or call first thing Tuesday morning.
has a court ever issued a visitation or child support orders?
It is not objective to cause you undue stress or to cause you to worry, but you do need to contact an attorney to represent you.
If you lack the funds for an attorney, you should call the public defender in Erie County
Jeffrey J. Whitacre Erie County Public Defender Office220 Columbus Ave.Sandusky, Ohio 44870Term: Re-appointed July 3, 2006 for a four year term.
Ph: (419) 627-6620
Fax: (419) 627-6633
Sorry, the formatting made a big space. that was unintentional
If you have anymore questions, please let me know.