QUESTION

As a minor, what are my legal rights after receiving a subpoena and do not what to testify?

Asked on Apr 05th, 2014 on Criminal Law - Michigan
More details to this question:
I am 16 years old and received a subpoena. An ex-coworker of mine is being charged with Sodomy in the third degree. I was subpoenaed and a witness and I do not wish to testify. What are my legal rights as a minor not to testify?
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5 ANSWERS

The penalty for not testifying when ordered by subpoena is found in California Penal Code Section1332. (a) Notwithstanding the provisions of Sections 878 to 883, inclusive, when the court is satisfied, by proof on oath, that there is good cause to believe that any material witness for the prosecution or defense, whether the witness is an adult or a minor, will not appear and testify unless security is required, at any proceeding in connection with any criminal prosecution or in connection with a wardship petition pursuant to Section 602 of the Welfare and Institutions Code, the court may order the witness to enter into a written undertaking to the effect that he or she will appear and testify at the time and place ordered by the court or that he or she will forfeit an amount the court deems proper. (b) If the witness required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the court may commit the witness, if an adult, to the custody of the sheriff, and if a minor, to the custody of the probation officer or other appropriate agency, until the witness complies or is legally discharged.
Answered on Apr 07th, 2014 at 1:42 PM

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Thomas Edward Gates
If you fail to show, a warrant will be issued for your arrest. You will see jail time until you can be brought before a judge. Could be for days.
Answered on Apr 07th, 2014 at 1:36 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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You have been subpoenaed by the court. You must appear. Failure to appear could result in a material witness warrant being issued against you.
Answered on Apr 07th, 2014 at 1:36 PM

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Michael J. Breczinski
You have the right to go and testify and receive a witness fee for that. You have the right to sit in a juvenile detention facility if you do not show up or testify.
Answered on Apr 07th, 2014 at 11:40 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If subpoenaed you must appear in court and testify or else run the risk of being held in contempt of court and possibly going to jail or a youth detention center. If everyone who did not want to testify could get out of a subpoena then we would have virtually no witnesses to appear in court. Simply because you do not want to it's not an excuse to ignore a court order.
Answered on Apr 07th, 2014 at 11:06 AM

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