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mrswask
Pookie Love
Member since 5/05 20229 total posts
Name:
Michal
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Any of the Lawyers Around? I Have a Legal Question
A family member of mine told me that he is being subpoenaed by a former co-worker (Alice). He had become quite friendly with Alicewhen they used to work together. He also became friendly with Alice'sDH (Bob) and used to hang out with him every so often.
Now, Alice and Bob are getting divorced and it looks like a custody battle is brewing. Alice told my family member that she is going to subpoena him and make him report when he used to hang out with Bob and they would occasionally use recreational drugs together - she wants to make him look bad so she'll get custody.
I don't want my family member involved in this at all! He already said he's going to plead the fifth and not say anything, but I don't even want him involved!
Does he even have to go? Does anyone know if someone has the right to subpoena someone and force them to show up in court and testify if it is not a criminal hearing? It's not like he is being ordered to do this by a DA or something....can someone be forced to do this?
Thank you!
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Posted 12/22/07 4:13 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Any of the Lawyers Around? I Have a Legal Question
I don't know about the legal ramifications but did she use recreational drugs?
I don't even know if that really matters. Lots of people use recreational drugs.
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| Posted 12/22/07 9:34 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
*
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Re: Any of the Lawyers Around? I Have a Legal Question
Posted by Blu-ize
I don't know about the legal ramifications but did she use recreational drugs?
I don't even know if that really matters. Lots of people use recreational drugs.
Hmm, I would think that the use of recreational drugs would hinder a person's chance of getting custody of their kids. Lots of people may use them, but I wouldn't want my children being around those people, even if it was the other parent.
I think he has to appear if called. In lieu of actually testifying in Court, he could possibly sign a sworn affidavit with what he knows/doesn't know.
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| Posted 12/22/07 9:59 PM |
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Re: Any of the Lawyers Around? I Have a Legal Question
Posted by mrswask
A family member of mine told me that he is being subpoenaed by a former co-worker (Alice). He had become quite friendly with Alicewhen they used to work together. He also became friendly with Alice'sDH (Bob) and used to hang out with him every so often.
Now, Alice and Bob are getting divorced and it looks like a custody battle is brewing. Alice told my family member that she is going to subpoena him and make him report when he used to hang out with Bob and they would occasionally use recreational drugs together - she wants to make him look bad so she'll get custody.
I don't want my family member involved in this at all! He already said he's going to plead the fifth and not say anything, but I don't even want him involved!
Does he even have to go? Does anyone know if someone has the right to subpoena someone and force them to show up in court and testify if it is not a criminal hearing? It's not like he is being ordered to do this by a DA or something....can someone be forced to do this?
Thank you!
Until the subpoena actually arrives, I would not take Alice's prediction too seriously.
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| Posted 12/22/07 10:08 PM |
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mrswask
Pookie Love
Member since 5/05 20229 total posts
Name:
Michal
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Re: Any of the Lawyers Around? I Have a Legal Question
But can he be forced to testify? I don't want him involved at all. It could get very ugly and I don't want him in the middle. I don't think he should have to get in the middle of someone's custody battle - esp if the purpose is to mess up the chances for the husband to get custody - who knows what he could do in retaliation?
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| Posted 12/22/07 10:12 PM |
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TheInfamousOTG
Waiting for Lil' M....
Member since 5/05 3468 total posts
Name:
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Re: Any of the Lawyers Around? I Have a Legal Question
Tell him to plea the fifth
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| Posted 12/22/07 10:13 PM |
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TheInfamousOTG
Waiting for Lil' M....
Member since 5/05 3468 total posts
Name:
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Re: Any of the Lawyers Around? I Have a Legal Question
Once he is subpoenaed he has to show up. If he doesn't a warrant for his arrest will be issued.
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| Posted 12/22/07 10:20 PM |
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rose825
Best Friends
Member since 6/05 10228 total posts
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Re: Any of the Lawyers Around? I Have a Legal Question
I was once subpoenad (sp?) to testify in a child custody case. I assumed the subpoena meant I HAD to testify, so I did.
For some reason (and I am not a lawyer) but I vaguely remember hearing you can only plead the fifth if you are the defendent.
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| Posted 12/22/07 10:20 PM |
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BRod-Cheng
I'm going to be a big brother!
Member since 6/07 1860 total posts
Name:
Betty
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Re: Any of the Lawyers Around? I Have a Legal Question
Posted by rose825
I was once subpoenad (sp?) to testify in a child custody case. I assumed the subpoena meant I HAD to testify, so I did.
For some reason (and I am not a lawyer) but I vaguely remember hearing you can only plead the fifth if you are the defendent.
You don't have to be a defendant.
You can plead the fifth anytime that you are being asked to answer a question that tends to incriminate you.
Since this is a family court case the subpeona must be signed by a Judge for it to be enforceable.
If it is a court ordered subpeona, signed by a judge, then he must appear, but he can still plead the 5th if the answers will incriminate him.
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| Posted 12/23/07 11:34 AM |
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Carolyn
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Member since 5/07 5351 total posts
Name:
Twin mommy
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Re: Any of the Lawyers Around? I Have a Legal Question
Any subpoena, court-ordered or not, must be complied with. Whether it's in a civil/criminal/family/other matter. The ramifications can be contempt of court, fines and imprisonment. A subpoena should not be ignored. Not sure how it works in family court but he may just have to go to a deposition, not testify in court.
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| Posted 12/23/07 12:32 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Any of the Lawyers Around? I Have a Legal Question
He has to testify if he receives a subpoena.
He can plead the fifth amendment about HIS drug use as it protects against SELF-INCRIMINATION. He cannot plead the fifth amendment about his friend's drug use as it doesn't incriminate your brother if he's testifying against someone else's drug use.
He can however, NOT RECALL his friend's drug use - whether if was too long ago to remember or perhaps he was LEGALLY inebriated & can't recall.
If I was the wife's attorney, I wouldn't put your brother on the stand. It can open up a can of worms for both people. IMO The wife doesn't look better that she knew of drug use & still had her children around him. A drug user in rehab is actually considered "disabled". What would be her excuse?
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| Posted 12/23/07 12:48 PM |
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