What can you do if you been subpoena to testify for the state?

Question

my son was shot at in our front yard. state picked it up and said he has to be a witness.for safty reasons i dont want him to do this. does he have any rights?

Answer 1

I understand you worries - you should talk to the police and DA about this.  But if we don't get these thugs off the street, they will make all our lives worse.  If he does not testify, he could be held in contempt, though it is unlikely that he would go to jail.  Ask the DA whether there is any way he can not testify.  If you feel that strongly, and if he is a minor, I think that you can stop him from testifying as his parent.

Answer 2

Not much.  You can talk to the prosecutor and see if they can get by without him but if he is a necessary witness and refuses to appear, the judge can possibly issue a material witness warrant and lock him in jail until he testifies.   Your concerns for safety may be exaggerated depending on the nature of his testimony.  If he is to identify the shooter and the shooter is a gangster, then it could be real.  If he is merely to testify that he was shot, and the proof of the identity of the shooter comes from other sources, your fears are unwarranted.  Talk to the cops and the prosecutor about your concerns.

Answer 3

Being subpoenaed means he has to GO to the court case, but you cannot MAKE someone testify.  They can choose not to answer any questions, or pretty much say anything.  no one can force his testimony.