A DA wants to subpena me...?

Question

I'm not going to get into all the details, but my husband and I got in to a fight, police were called....now 3 months later we're doing better than ever, but the district attorny want to go all out on this one....Biggest problem is that if my husband goes to jail, or is put on probation, he loses his job....Anyway, my question is: our lawyer said that the only way the DA has a case is to subpena me, I'm the only witness. Of course I want all of this to be dropped.Our Lawyer said to just make sure I can't be found, so that the subpena can't be issued. So how hard will they try to find me to issue this subpena. I've heard that sometimes they will go as far as too sit in a lawn chair outside our house, is this true...I absolutely cannot be found.....Please do not answer if you don't have a clue what you're talking about...

That's what our lawyer said...This DA is brand new, and is trying to "make a name for himself"...my husband has NO criminal history, and has been a "public servant" in our community for 6+ years....we just had a STUPID fight, and now some one is gonna prove himself by ruining our lives....

well, we don't want them to think I'm "evading" hopefully they'll just think I'm hard to find....really hard to find

lets see how many details I can add....I asked the lawyer about the spousal privilage, and he said thats usually the case, but not when the spouse is the "victim"....so in our case they can make me testify....if they find me...thanks for the answers so far.

Answer 1

As far as the DA being relentless on serving you,it will depend on the county of prosecution. Different DA offices place higher priority on certain crimes. This could depend on many different factors. (Problems in certain areas such as drugs, gangs, violent crimes, etc.) If your prosecuting DA places a high priority on domestic violence cases, they will be more likely to look harder for you.

Secondly, I might look for another lawyer. A good lawyer would not have a problem making sure that your husband doesn't get convicted, especially if he has no past history. It sounds as if this lawyer is afraid to take the case or something. Telling you to make sure you can't be found??? Screw that. I'm sure you have a life to live and don't want to look over your shoulder all the time for a subpoena toting DA. Running from legal issues is not a good way to solve them!!! I would consult another attorney and have them review the case. They may tell you that you have nothing to worry about and they will take care of it. (Probably for more money)

Lastly. If you husband indeed struck you, or vice versa, there ARE other issues that need addressing. I know that criminal prosecution is not a positive experience, however, the courts are able to often times provide counseling for whatever reason. It is just really important that nobody gets hurt ( or killed), and just realize that domestic violence is VERY RARELY an isolated incident.

Answer 2

Your lawyer is a crackpot. If the DA gets a Judge to issue a Warrant or Subpoena for you, it will happen, and you will be served. Hiding from it is an Obstruction of Justice and you can be charged with that also. See you have Knowledge of a Subpoena, that is almost the same as being served. Yes it is true that in Civil Cases the warrant has to Physically come in Contact, so all that means is if I am serving you all that is required is for me to walk up, touch you with the Document and state, "You have been served." Even if you do not acknowledge me, you legally have been served.
The best advice is ask an Attorney what your legal options are exactly. And please explain any possible outcomes of any actions that may occur or could occur if and when the advice given is used.
I would think a competent attorney would tell you to settle down, do not make any statements to the Police or Law Enforcement Officers, or any Representative of any Law Enforcement Agency, and call attorney when and if you are arrested.
5th Amendment, it works if you stay silent.
And use to be a law, still is in some countries that a wife cannot be forced to testify or give evidence against her spouse.
But dont trust any Laymen, get a competent attorney

Answer 3

I recently went through some training, so I think I know what kind of fight you guys got into. The attorney has a job to do, and he will do it the same as with every other husband/wife fight that goes through his office. You need to talk to him sooner than later. You also need to understand that although you may not think so, he does have your best interest at mind. I don't know him, but I don't think he is trying to prove anything. You sound like you are in a domestic abuse type of situation, and if you are you need to realize that there are alot of women that get beaten often and they are scared to turn in their "bread winners" or they get killed in these situations. There was a lady in my city that does not have homicides hardly ever that just got killed in her front yard in front of her kids. This may not be your situation but the district attorney is going to make sure. My advice would be to think thoroughly of what you are going to say to this guy and go talk to him. If you are the only witness then your problems should be small unless you filled out a statement at the time of the fight. They are not out to ruin things but to make sure you don't end up like many other women that get into fights.
Good Luck to you and your husband, if he did go as far as to hit you he deserves to get hit but hopefully if everything is well for you two, it stays well.

Answer 4

From what I understand about the law even if they do find you, you cant be forced to testify against your husband. It's called spousal privilege. Like lawyer client. And no I don't think they will post someone at your house. They have to pay someone to serve the thing usually a deputy, and I don't think they have that kind of manpower. Just don't answer the door to strangers or anyone in uniform.

Answer 5

In most of the domestic situations the spouse can and alot of times does drop the charges. It sounds to me like there's more to the story, if your husband has a history of violence and also there's a record of you previously dropping charges for the same kind of situation, then I congratulate the DA. Alot of women in these type situations are too afraid,beat down, or don't want to lose the income support from the spouse and or believe his bull when he say's he's sorry & won't do it again for the 50th time.

Answer 6

If a subpoena cannot be issued because the person named is evading the servers, then the DA can ask a judge to issue a bendh warrant for your arrest.

Answer 7

I can't imagine a da going so far on a simple case - maybe he's anxious to prove himself. Just don't put your hand on any envelopes - either in the mail or if someone hands it to you. You have not accepted it if you refuse to touch it.