My daughter is 15 years old. A month ago we had a family situation and she was a witness. Now there is gonna be a court hearing held on April 3 and we recieved a letter that she is required to go to confirm the situation. It was aslo said in the letter that if she does not appear in court that day she will be given a warrant for an arrest. She does not want to appear in court and say anything because the outcome of the situation is depended on the information she provides. If you had a situation like this before or know anything about it please answer. Should she go to court or is it ok if she doesnt?
2007-03-25 11:39:26 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She will be held in contempt of court if she does not appear. A bench warrent will be issued for her arrest and she will be put in jail until she testifys. good luck with this and call a lawyer
2007-03-25 11:48:16 · answer #1 · answered by lilly j 4 · 2⤊ 0⤋
Sorry, but you do not give enough details. A supeona is an order of the court and often the punishment for failure to show results in a bench warrant and possibly arrest to jail the person until the trial or until the court is confident that the witness's testimony may be heard in the trial.
2007-03-25 18:49:25 · answer #2 · answered by voodooprankster 4 · 0⤊ 0⤋
Yes. It falls under Contempt of Court. Civil contempt to be specific.
Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside the judge's immediate realm and evidence must be presented to the judge to prove the contempt. A civil contemnor, too, may be fined, jailed or both. The fine or jailing is meant to coerce the contemnor into obeying the court, not to punish him, and the contemnor will be released from jail just as soon as he complies with the court order. In family law, civil contempt is one way a court enforces alimony, child support, custody and visitation orders which have been violated.
2007-03-25 18:51:09 · answer #3 · answered by 2Negative 6 · 0⤊ 0⤋
She will receive a warrant for her arrest if she doesn't go. If they don't pick her up right away, she'll still have that warrant hanging over her head in the form of a bench warrant which can be executed at any time. Teach her to do the right thing and make her go. Otherwise, she is breaking the law and will be held accountable for that.
2007-03-25 18:50:54 · answer #4 · answered by sustasue 7 · 0⤊ 0⤋
Well with what basic knowledge I have what your daugheter received was a supeona, and if she ignores it she can be held incontempt of court. If she is scared and since she is a minor, ask if she can testify in the judges chamebers with the attorneys and stenographer present. Also depending on if this is a civil case rules of law may vary.
2007-03-25 18:50:52 · answer #5 · answered by deann1975 1 · 0⤊ 0⤋
She was subpenad (i cant spell) to court which legally means she has to appear she will get a FTA on her record which can lead to a bench warrent. She basically is ordered by the judge that she has to testify in that matter. She can seek legal counsel about the testimony and situation prior to the date.
2007-03-25 18:49:23 · answer #6 · answered by Anonymous · 2⤊ 0⤋
It won't be a "warrant" like what you're thinking. It will be a juvenile petition and they won't take her to jail. You definitely need to make sure she is there. Doesn't matter if she likes it or not. They will make it very hard on you if you do not show up for court.
2007-03-25 19:11:16 · answer #7 · answered by lovely 5 · 0⤊ 0⤋
Firstly, tell her to relax. Court is not that scary.
Why does she not want to give testimony?
Yes, I have been called as a witness on a few occasions in civil matters. You sit in the box and answer questions truthfully. If she is threatened in any way pr asked to lie, you must immediately report it to the police.
2007-03-25 18:51:04 · answer #8 · answered by lesroys 6 · 1⤊ 0⤋
you're daughter must go to court. If she doesn't tell the truth she can be charged with perjury (lying to the court) and be arrested for a more serious crime.
2007-03-25 18:45:26 · answer #9 · answered by LIL_TXN 4 · 2⤊ 0⤋
Yes a warrant may be issued for her arrest. I assume you have an attorney in this situation, if so advise him of your concerns in this matter.
2007-03-25 18:43:11 · answer #10 · answered by Anonymous · 2⤊ 0⤋