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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am in a victim/witness position in Minnesota and my family

Customer Question

I am in a victim/witness position in Minnesota and my family is under a subpoena to appear and give testimony in court. So far we have been subpoenaed twice to court and niether time they needed us there, we didn't go into court (the court room) or talk to the prosecution or even the liason during our time there except thru o phone call to my cell phone from the liason to my cell phone. We feel we are being further victimized by the prosecution and the defense who have asked permission from the judge to smear our previous records through this process which was granted by the judge. Because this thing has taken up time and money, we are no longer willing to be "jerked around" by either side and wish to go on with our lives. There has been no contact with the defendant and no further problems, and we just want all this to go away. Further, we did not instigate this proceeding, it is brought by the state and we have been forced to participate and have made it known to the prosecution that
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

So your question is - can we quash the subpoena and stop being a witness to this? Correct?

Customer: replied 7 years ago.
Eli, yes I want to quash this so we don't have to be a witness to this anymore. I thought about writing a letter to the Judge but haven't done that yet. I want the Judge to know how this all is effecting our family becuase of the filing of the charge, we cannot have contact with the defendant, so we could not have thanksgiving, my son's birthday or christmas as a family (there is a no-contact order placed as well). The biggest thing is that we were never asked if we wanted to file charges against him, but have tried to comply and have been treated with disdain throught his process which we did not instigate. It is affecting the ability of my son's being able to learn the basics of becoming a mon (he is 12 years old). We want this to go away, not to see the defendant in jail or doing classes or anything that would take away from his willingness to be a father; we don't want to scare him away. Everyone makes mistakes and this happened back in August 2009. We've been without him ling enough.
Expert:  Ely replied 7 years ago.
Ok. Now, it's not easy. Even if you won't want to be a witness, the DA can still subpoena you and make you a witness. If you don't come, they'll send a police officer to escort you. So it's a no win scenario. What you have to do is to hire an attorney to bring a Motion to Quash Subpoena. It's worth a shot. He'll have to get creative, but that's what you have to do. A letter to the Judge won't even be read by the Judge. I can help you find an affordable attorney in your area if you'd like. I think you're looking at about $300 to $400 at the most for this. Not so you want me to help you find someone?

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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Customer: replied 7 years ago.
I don't think you fully understand about the workings of Minnesota law; I was informed that if we didn't show we would possibly receive a citation for contempt from the court- the papers specify the word "may". It said nothing of being escorted by the police or anything. I personally have never seen any witness that didn't show up be escorted to the court. Usually the case has to be dismissed if witnesses don't show up. I have even seen cases where police officers are witnesses and son't show for one reason or another, and they aren't escorted in by other police officers , the case is just dismissed. Can you research further?
Expert:  Ely replied 7 years ago.
I DO understand. The process for subpoena witnesses is almost exact in most states bar Louisiana. It is VERY UNLIKELY that the Judge will hold you in Contempt over this. That rarely happens. USUALLY, they send out an officer to get you - called an "attachment." And yes, the Court CAN dismiss the case, or order an attachment, or order a contempt for you, or say "I don't care, let's go on with the case, the witness not showing is your problem DA." Any 4 of these things can happen.