Subpoena question - Alabama?

Question

I was sexually assaulted by a state trooper last year.

This man was terminated, charged with sexual assault and sodomy, and has not yet had his criminal hearing.

He does, however, have a hearing this Thursday protesting his termination. He wants to have had "been forcibly resigned" instead of "terminated" and apparently this is what the hearing is for.

I was subpoened tonight at work by this man's attorney. I assume the purpose is so that they can get me on the stand before the criminal hearing to see how I react.

Regarding the subpoena, what are the legal ways (if any) to get out of it? My attorney was expecting this and said something about filing an appeal, but I am not sure how long that will take, and if two days is enough (with Labor day and everything) since the hearing is next Thursday.

I am curious also as to how I am suppsoed to get to the hearing. It is two hours away from where I live and I have no means to transport myself. What am I supposed to do about that, if I HAVE to go, and physically have no transportation???

I am also in college and have a test that day, and I really, really, do not want to go to this thing.

I live in Alabama, if that helps with any of my questions.

Answer 1

I would go, if you do not show up it could look bad on you since the charges are pretty bad. Your teacher should let you take your test another day since you have to go to court. Maybe a last resort is to ask your attorney for a ride up there.

Answer 2

There is no way that you can get out of a subpoena - unless the police/sheriff's dept is never able to serve it on you before the court date. You can have your attorney make some contacts and see about getting you out of it, or getting the hearing continued. However, I'm not aware of anything else you can do.

I live in Alabama too, and used to work for an attorney.

Answer 3

Hello Callie. Just from a legal view only, there is no way out of a subpoena. That is an order by the court to attend. If you do not show up, a warrent of arrest will be issued for contempt of court.

I can fully understand why you would not want to go, but in this case, my only advice would be to consult with YOUR attorney. He will be able to give you the best course of action that wont get YOU in trouble.

PS....The court is not concerned that they are two hours away. They expect you to provide transportation when ordered to attend.

Best of luck and I hope this is useful to you