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ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15619
Experience:  Licensed Texas General Practice Attorney
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My three minor (11, 10 and 8) daughters were subpoenaed through

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My three minor (11, 10 and 8) daughters were subpoenaed through my wife to testify in court. They were witnesses to a person throwing a gun from a car into a neighbors yard. The accused had robbed a store several miles away and was running from the police and cut through our neighborhood. The accused has a felony record already for child molestation and I don't want my children to have anything to do with this case much less having to take the stand and be cross examined by his attorney. Do we have any rights as their parent to say no or stop this from happening? We are speaking with the DA next week but so far he has basically told us we have no choice.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, unfortunately that's the truth, in that you would not have any ability to refuse to allow them to testify. The prosecution can still compel testimony against your children's will or your will. Just as they could compel testimony from you as well, they could compel testimony from your children. Now that being said, it's possible to request a "closed circuit" type hearing where there would not be any direct contact between the accused and your children, and I would certainly ask for that when you meet the DA. But there has been no case or law ever that has held that parents can supervene the courts in refusing to testify, I'm sorry to say.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!


Thank you. I will make the request for a closed circuit.

ScottyMacEsq :

You're welcome, and again, good luck to you!

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