i'am wondering if someone can answer this?

Question

my daughter who is 15 years old got a subpeona to go to a peliminary trial on behalf of the state of pa. the trooper that sent it to her never asked my permission to speak with her she does not want to go testify and says that if she is forced to go than she won't say anything is there some way to get her out of this??? please help

my daughter is not the one who is being charged with anything she also suffers from post tramatic stress disorder from a previous court appearance nothing to do with this i don't want her upset by having to go through this

Answer 1

Not if she is a material witness. You ought to be encouraging her to do the right thing not how to scapegoat responsibilites. They will just deem her a hostile witness if she refuses to answer and may charge her with contempt of court and send her to jail.

Take her to a psychologist and have him write a letter stating that it could be detrimental to her health and mental well being if she testifies. If they really need her testimony they can arrange to do a taped interview with her.

Answer 2

Yes she has to go but you may and should accompany her in most cases. You should consult with a lawyer and have them advise you both about her rights and obligations to the court.
The trooper who delivered the subpoena is not really a factor here. He is simply a messenger for the court and if your daughter receive the subpoena then his job is done. Get a lawyer and tell your daughter that her testimony is not a matter of choice. The attorney will make sure you both know your rights but she needs to go whether she wants to or not. The importance of the attorney is to make sure she does not incriminate her self or answer a question she doesn't have to.

If she fails to appear or refuses to answer questions then she may be held in contempt of court.

Answer 3

No.

She has to answer the summons. And, contrary to wingshooter, she also HAS to testify, minor or not.

She'd also be stupid to get "selective amnesia" They wouldn't name her if they weren't already pretty sure she knew something.

So unless you want her cited/and or arrested for contempt you need to stop worrying about putting your poor baby through hardship, be a PARENT, take her there and tell her she'd better damn well tell the truth.

Grow up.

And it doesn't matter that she's not being charged. She knows something and they want her in court. Period.

As for her PTSD, going there, telling the truth and being done with it will be a lot less stressfull than a contempt charge or being grilled as a hostile witness.

For sure she knows more about it than she's telling you.

Answer 4

Perhaps talk to a lawyer, or go to the police station and see if anything can be worked out. If it is a minor incident, or if your daughter believes she is innocent it might be easier to just go through with it, there is a good chance she could get off depending on the circumstances.

Answer 5

As a parent you can step in and try to do something. I would suggest trying to get her to testify since its the right thing to do but you are the parent so the choice is yours. Contact the prosecutor handling the case and explain your situation. They will work with you as best they can. Remember Law Enforcement are people too they have kids as well.....talk to them....see if something can be worked out.

Answer 6

I think you need an attorney. Yes people here will toss out all types of advice, but do yourself a favor and call a lawyer. Many of them allow free consultations.

Answer 7

Talk to an attorney. If she does not show up, she can be cited for contempt of court.

Answer 8

I believe that if she's a minor, they can't make her do anything. Besides, if she feels pressured to answer, the other side can use that as leverage to have her testimony cut from the records.

Answer 9

She's under age and doesn't have to testify! She may have to show up but she doesn't have to speak!