QUESTION
Can I be called to testify from out-of-state?
Asked on Mar 26th, 2014 on Criminal Law - Georgia
More details to this question:
I live outside the state (almost 2,000 miles away) where a criminal trial involving one of my family members is set to take place. What happens if I'm called to testify for the defense? Who will pay my airfare and lodging? Would I get paid time off from work? How long does a rape case last if the rapist says he is incompetent to stand trial but his lawyer can't produce any evidence of his incompetency?
4 ANSWERS
Michael J. Breczinski
The party subpoenaing you would have to pay the expenses. A lawyer claiming incompetency would have the person examined by? a forensic psychologist.? That person's opinion would be what the evidence would be.
Answered on Mar 27th, 2014 at 11:19 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The court was not have the power to compel you with a court order to testify at trial if you are out of state because that is outside of their jurisdictional reach. However, either the defense or the prosecution could request you to be a witness and they would be obligated to pay for your expenses to get you there.
Answered on Mar 27th, 2014 at 11:19 AM
James Edward Smith
The prosecutor's office will pay for your food, lodging and air fare and give you a witness fee. No lost income. Rape case is usually 3 days.
Answered on Mar 27th, 2014 at 11:19 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I assume your expenses would be covered by the side that subpoenaed you.
Answered on Mar 27th, 2014 at 11:18 AM