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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101405
Experience:  Lawyer
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I've contacted by attorney office with subpoena. I'am scared

Customer Question

Hi, my name is***** contacted by attorney office with subpoena. I'am scared to testify in court because I know the person (if she will not go to jail) who might go after my family afterwards. What are my chances to excuse ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

I am sorry you are in this difficult situation.

Do you mean you were subpoenaed by the Crown to testify in a criminal trial?

Customer: replied 1 year ago.
Somebody will drop subpoena within next 2 weeks
Expert:  Debra replied 1 year ago.

You didn't answer my question.

Is this from the Crown for a criminal trial?

Customer: replied 1 year ago.
I think yes
Customer: replied 1 year ago.
Or from judge , I did not get right it was very fast phone talk, the confirmed the address
Expert:  Debra replied 1 year ago.

I understand.

There is no excuse but you can call the Crown's office and explain that testifying will put your family in danger and you are terrified and see what they will do, if anything.

They don't want you to get hurt but they may not agree to excuse you.

If they do not you have no choice but to attend.

I am so sorry about that.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
There should be some wAy out, if I refuse testifying in court ?
Customer: replied 1 year ago.
Can my husband attend court instead of me ?
Expert:  Debra replied 1 year ago.

There is no way out. If you refuse you will be arrested and jailed.

Your husband cannot come instead as the subpoena which is an order from the court to attend court is for you.

Customer: replied 1 year ago.
Can I testify in my own language not English ?
Expert:  Debra replied 1 year ago.

Not if you can speak English which you clearly can.

You can ask for a translator but it is not your right when you do speak English.

Customer: replied 1 year ago.
But court uses it own language and terminology i'a not get used to
Customer: replied 1 year ago.
Do I need a lawyer ?
Customer: replied 1 year ago.
I did not understand why should I go to jail if I refuse testifying in court giving clear explanation to crown about potential after-hearing danger to my family, I protect my family by doing it
Customer: replied 1 year ago.
Are you there ?
Expert:  Debra replied 1 year ago.

If you do not understand what you are asked I would obviously simply say that you do not understand the question then need to have it explained further.

No, you do not need your own lawyer.

You will go to jail if you do not follow the orders of the court. That is how our legal system works and is is for everyone. But, as I've stated you should explain to the Crown you believe that your family will be in danger if you are forced to testify. The Crown may agree not to subpoena you.

In court you can also ask the judge do I have to go on and say that because you are afraid that your family is going to be in danger and see what the judge says.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?

I hope you understand that it is not my fault the law is how it is right? I want to help but have to give you the right answer.