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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94417
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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what should i do if a have a criminal subpoena to testify as

Customer Question

what should i do if a have a criminal subpoena to testify as a witness on a case, 1st time ever...I don't know what to do
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify:

1) Who is subpoenaing you - the prosecutor or the defense?
2) What is your legal status exactly?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

the D.A. is sending this letter -blank envelope. and I am illegal. I've been in the states for 21 years...and by the way I asked you a question long time ago...any way. I gave information about someone that was threatening to kill people and some family members,his house was raided and the police found a lot of Illegal weapons and ammo. everything I said was truth.I writing you because i don't feel comfortable the way my info was used,it was not confidential at all,my info as a witness was leaked out and I feel my safety and family is in jeopardy

Expert:  Ely replied 1 year ago.
Thank you.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

 

Are you afraid that you could be deported?

Customer: replied 1 year ago.

yes what if the D.A. ask me if Im US citizen and Im not.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You have to be honest. Do NOT ever EVER say you are a U.S. Citizen when you are not because if you did, if in the future some reform comes out, you most likely would not be allowed to participate because making a false claim to U.S. Citizenship is one of the worst things you can do in regards XXXXX XXXXX Immigration law. So you have to be honest. If pressed to admit being out of status or undocumented, you will have to comply. But in all honestly, your risk of removal is very low. Why? First, the DA wants your help, so you shouldn't be put in such a position and even if you were, the government does not have the money to deport everyone that is deportable. So they are focused on those that have crimes. If you have no crimes, your risk is very low. Take a look at this official memo:

 

http://www.cis.org/articles/2010/civil_enforcement_priorities-1.pdf

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

well as you know this criminal subpoena letter by the D.A. got me nervous..and I have to attend by myself. is this something that should be worry about it? is this testimony may affect my process to legalize my status?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
The issue is that you have to avoid an arrest. If you are required by law to go and testify, you must testify. If you do not, a warrant could be issued for your arrest. That's what you want to avoid. If you are arrested, then ICE would be contacted and deportation could begin against you. So go and do not be nervous. You should not have any contact with ICE. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94417
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Guillermo, after all I have nothing to be afraid of,i did not lie and it was for a good cause.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sounds good. Good luck to you!

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