Question:

If you get a subpeona to testify against some, can the defendant legally contact you?

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I called 911 on a domestic dispute next door, now I am being required to testify against the defendant. Since the defendant has been in jail, he has attempted to contact me 6 times by collect calls. Is this legal?

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6 ANSWERS


  1. Of course he can contact you!  It's his constitutional right to defense.

    Unlike TV and movies, there aren't supposed to be any surprising discoveries at a real trial. See "My Cousin Vinny" for the basics of criminal evidence procedure for the defense.

    A criminal defendant (or his attorney) has every right to interview witnesses, examine reports, listen to 911 tapes, and be aware of any other evidence that is being used against him. There is no legal obligation to even HAVE a defense attorney, so how else could he find out what you're going to say, and plan his defense?  

    It isn't intimidation, harassment or witness tampering if all he does is ask, in a non-threatening way, what facts you're going to testify to.


  2. No they can not contact you...

    It is called intimidating a witness...

    and is a Crime (Felony)...

    Call the Cops...asap

  3. No.  Contact the DA about this.  Also, call the jail and have them put a block on so no one from jail can call your house.  I had to do that a few times(different jails), and how well that works!

    The only contact you should have with him is through lawyers.

  4. contact the prosecutor...what your neighbor is doing is called witness tampering.

  5. Unless you have a restraing order.  It should be his attorney, but he or his attorney have a right to interview and/or depose you prior to trial.

    You don't have to accept the charges, though.  And if you do think he is just harassing you, get a restraining order.

  6. if he has an attorney the atty should be contacting you. you may be able to call the police dept ho;ding him and talk to them about getting your number blocked.

    where i live you have to call the phone company hiored by the govt to handle the inmate calling, and request them to block your number.

    this information would be available to you from the dept holding the defendant.

    you may conisder pressing harassment charges against him

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