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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32927
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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my minor daughter witnessed an assault on another child. A

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my minor daughter witnessed an assault on another child. A detective interviewed her without my knowledge. Now she has been subpoenaed to testify against these 2 gang members for robbery 1, assault 2, riot with a deadly weapon. I am worried about her safety at school, other members of this gang attend her school. She is terrified, is having nightmares ect. Do we have any rights not to testify since she is a minor and i was never notified and she was interviewed without my knowledge

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

There is no automatic exclusion from someone having to testify just because they are a minor.

JD 1992 :

Likewise, despite what most people believe, there is no law that states the police must contact and/or obtain permission from parents before interviewing a minor.

JD 1992 :

You could hire a lawyer to file a motion with the court requesting that she not be required to testify or that he information be kept confidential.

JD 1992 :

However, if there are no other witnesses then the court isn't likely to prevent her from testifying.

Customer:

What is the chance i could get a motion due to her well being

JD 1992 :

You would be more likely to get the judge to hide her identity than you would be to get a judge to completely exclude her from testifying.

Customer:

There is 5 children testifying, how do i go about getting them to hide her identity

JD 1992 :

You would need an attorney. If all of the students are testifying as to the same facts then the attorney would argue that the risk isn't worth repetitive testimony.

Customer:

I understand Thank you

JD 1992 :

You're very welcome. Just bear in mind that the more repetition in the testimony the more likely that the judge will excuse her.

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