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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36947
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son was robbed at knife point as he was walking home from

Customer Question

My son was robbed at knife point as he was walking home from high school on September 25, 2012. There were three assailants and four kids attached. Long story short, three guys pled guilty one guy will not there is a jury trail pending for the second time on July 9, 2012, and my wife is terrorized by thought of taking the kid in front of these guys for fear of future street violence and tired of being harassed by the DDA, the senior witness advocate and the subpoenas. The kid is scared and know of a previous incident with similar circumstances where a witness fingered a guy and a month later was stabbed to death by the criminals peers. My son is a basket case. He needs to get past this. Can I sue the city for harassment and emotional distress as this has taken a toll in our family. What type of attorney do I seek?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry to hear that your son is in such a state of mind. However I am a bit unclear a to why you wish to sue the city--what specifically did the city do other than prosecute these assailants?
Customer: replied 1 year ago.

I spoke directly with the DDA to voice my concerns about participating in a jury trial with a 15 year old and allowing my son to be identified in assisting the police with the arrest.He and his friends went directly to the police and reported the attack. A cell phone of the girl GPS located the idiots and they were arrested. He gave his confession a picture the guy out of picture line-up. Now they want him as a witness?My wife says NO!and the DDA has threatened us with enforcible attendance with the language on the supenaI have called, wrote e-mails and voiced my concerns.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies but so far you haven't described anything that would constitute a lawsuit. The DA, in their investigation, can subpoena and request that the witness/victim testify. Generally only minors who are victims of rape and sexual assault are potentially provided special privileges such as protection of their identity and even so it is limited--this all comes from the constitutional requirement that any criminal defendant has the right to face his or her accuser. In this case that would be your son as the state is bringing charges against these folks on his behalf. I am not defending the city or stating that this is fair to your son at all, I am just stating that these steps are permissible as there as yet no evidence of a civil rights violation against your son. And since all the action, right or wrong, is permitted under law, there is no claim for damages (plus, the city generally has sovereign immunity and cannot be sued anyhow).

I apologize, you can retain counsel and potentially negotiate how he could testify in a safe manner, but it would not be a lawsuit against the city for acting within their power.

Good luck.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Please allow me to assist you further.

----
Can we just walk away? We do not care to participate. My wishes he never told the police.Nothing would give him greater pleasure than to pull a no show
----

My apologies but you cannot just walk away--once a person is subpoenaed, he or she has no choice but to either fight the subpoena via the courts, or apear and testify. Otherwise it does become contempt of court order and that by itself may have a jail sentence imposed for refusing to cooperate. I understand that you do not wish to participate but once the courts rule that option no longer exist. If he pulls a no-show, the judge can issue a bench warrant and drag him back to court, as well as charge him with contempt and jail him for disrespecting the courts.

I am sorry.

Expert:  Dimitry K., Esq. replied 1 year ago.

To follow-up.

I want to know how, who, whom do I talk to to just get out of this sticky web


Who do I write a letter to? To get excused from the case? My son does not care if the guy goes free. He does not want to go to court

The only party who has the ability to drop the charges would be the District Attorney. You can appeal to that individual or to the assistant district attorney assigned to your case and see if they are willing to drop the case. But that would be solely at their discretion.

Good luck.

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