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-   -   Do I have to testify? (https://www.askmehelpdesk.com/showthread.php?t=464560)

  • Apr 13, 2010, 05:03 PM
    ohsohappy
    Do I have to testify?
    Hey, so here's the deal. Last year on April 7th there was an incident where someone I was acquainted with was involved in a murder case. He was on trial, turns out he was innocent. I had to testify because I was supposed to spend time with him that night but never did. I only knew him for about 2 weeks. Now there's another trial related to the first one on attempted murder. Without giving all of the details. Apparently this kid I knew, We'll Call him T, was at some Woman's house, let's call her B, and then some other guy was there, we'll call him F. Anyway, Apparently B was stabbed, she died, and T was there, he got in to a fight with F, and then they went to jail. T was found Innocent of B's murder at her trial. (that one that I had to testify in) Now he's going in for another trial on attempted murder of F. All of the information I had or could have given the investigators I gave as soon as they asked without hesitation to The best of my ability. Now they want me to testify again. I see no reason for me to have to come back in because I've already told them everything I knew about that day, which wasn't too much, and I said everything I remembered back at the trial. Is there any way I can get out of testifying again? I really want nothing to do with this crap, I want nothing to do with the guy and nothing to do with the case. I don't see how I can help them anymore. I don't want to do this, I will if I have to but I don't want to have to do it a second time. I wasn't even there when it happened. I live in Minnesota by the way, Dakota County Jursidiction.
  • Apr 13, 2010, 05:08 PM
    Fr_Chuck

    No you testified at a different trial, not this one, so yes if you are ordered to testify you have to, if you don't, they can force you to appear and if you still don't, the judge can put you in jail for contempt of court.

    They can not just use what you said in the other trial ( unless you are murdered or die)
  • Apr 13, 2010, 05:09 PM
    cdad

    If your asked to testify the that is all it is. Your being asked. Now if you receive a summons to appear and they issue a bench warrant against you then it means you MUST appear. Otherwise the warrant gets carried out and you can get arrested for contempt. So the real question is how were you asked to testify? Ask if you can give a deposition instead since you weren't actually there and plead hardship.
  • Apr 13, 2010, 05:09 PM
    ohsohappy
    Quote:
    Originally Posted by Fr_Chuck View Post
    No you testified at a different trial, not this one, so yes if you are ordered to testify you have to, if you don't, they can force you to appear and if you still don't, the judge can put you in jail for contempt of court.

    They can not just use what you said in the other trial ( unless you are murdered or die)
    Well that just sucks. It's all the same stuff. :(
  • Apr 13, 2010, 05:16 PM
    ohsohappy
    Quote:
    Originally Posted by califdadof3 View Post
    If your asked to testify the that is all it is. Your being asked. Now if you recieve a summons to appear and they issue a bench warrant against you then it means you MUST appear. Otherwise the warrant gets carried out and you can get arrested for contempt. So the real question is how were you asked to testify? Ask if you can give a deposition instead since you werent actually there and plead hardship.
    Apparently I'm going to be served a summons, which means I have to. And if I have to I willl. I just don't understand how I can help any more than I already have. It seems rather redundant to me. BTW, what's a deposition?
  • Apr 13, 2010, 05:23 PM
    cdad

    A deposition is where they take an "official" statement. Usually done under oath and at a lawyers office. Everything is recorded. They ask questions and you provide answers. But you don't sit in a court and you are not cross examined unless the opposing side wants to depose you also. Or dispose of you depending on what your saying ( yes it's a joke :0)
  • Apr 13, 2010, 05:29 PM
    ohsohappy
    Quote:
    Originally Posted by califdadof3 View Post
    A deposition is where they take an "official" statement. Usually done under oath and at a lawyers office. Everything is recorded. They ask questions and you provide answers. But you dont sit in a court and you are not cross examined unless the opposing side wants to depose you also. Or dispose of you depending on what your saying ( yes its a joke :0)
    Thank you so much, that's very halpful. I called the deputy that will be serving the summons and he's going to leave the number for the attorney that I can call to talk about a deposition. (I work fast) It's just that I have a lot of stress I'm under, I just had two grandparents pass away in two months, I'm trying not to fail any of my classes, I'm very behind because of my grandparent's death, and my boyfriend hates the guy with a passion and it will cause tension until everything is done with and then I don't want to see the guy either. I just don't need the added stress. I had to deal with it once and I thought I was done with all of it. I'm just so frusterated I could cry.
  • Apr 14, 2010, 06:37 AM
    J_9
    Quote:
    Originally Posted by ohsohappy View Post
    Apparantly I'm going to be served a summons, which means I have to. And if I have to I willl. I just don't understand how I can help any more than I already have. It seems rather redundant to me. BTW, what's a deposition?
    Ohso hun, they are two different trials. One guy was found innocent, now you have to testify regarding the other guy. They can't bring evidence from one trial to another, most of the time, so you need to testify again either for or against F, since T was found innocent.

    A deposition... I hated having those in the law offices I worked for. Sorry, random moment.

    A deposition is when the defense attorney and the plaintiff attorney bring you in to one of their offices and ask you questions. You will be under oath, just like in court. There will be a court reporter there who will translate everything that is said during the deposition. One attorney will ask you questions while the other attorney will try to discredit you and find discrepancies in your testimony.

    Many times a deposition will get you out of going to trial.
  • Apr 14, 2010, 11:34 AM
    ohsohappy
    Quote:
    Originally Posted by J_9 View Post
    Ohso hun, they are two different trials. One guy was found innocent, now you have to testify regarding the other guy. They can't bring evidence from one trial to another, most of the time, so you need to testify again either for or against F, since T was found innocent.

    A deposition.....I hated having those in the law offices I worked for. Sorry, random moment.

    A deposition is when the defense attorney and the plaintiff attorney bring you in to one of their offices and ask you questions. You will be under oath, just like in court. There will be a court reporter there who will translate everything that is said during the deposition. One attorney will ask you questions while the other attorney will try to discredit you and find discrepancies in your testimony.

    Many times a deposition will get you out of going to trial.
    but it's to see is guilty of attempted murder, so I don't get it. =\
  • Apr 14, 2010, 11:45 AM
    justcurious55

    But I thought first he was found innocent of murder against b. and now this trial is for attempted murder against f (am I getting the "names" mixed up?) so isn't it fair to assume it's a whole new jury and maybe even new judge? Even if he still has the same attorney? If I'm understanding it all correctly, you have to go through it all over again because you'll be testifying in front of a new audience.
  • Apr 14, 2010, 12:25 PM
    AK lawyer
    Quote:
    Originally Posted by justcurious55 View Post
    ... if i'm understanding it all correctly, you have to go through it all over again because you'll be testifying in front of a new audience.
    Right.

    Quote:
    Originally Posted by ohsohappy View Post
    ... i called the deputy that will be serving the summons and he's going to ...
    It's a "subpoena", actually, if you want to be technical. :)
  • Apr 14, 2010, 01:16 PM
    ohsohappy
    Quote:
    Originally Posted by AK lawyer View Post
    Right.



    It's a "subpoena", actually, if you want to be technical. :)
    Yeah I just didn't know how to spell it. But that isn't the question...
    I'm just annoyed by the whole situation, I don't want anything to do with it.
  • Apr 14, 2010, 03:54 PM
    J_9
    Quote:
    Originally Posted by ohsohappy View Post
    I'm just annoyed by the whole situation, I don't want anything to do with it.
    Unfortunately you were a witness. You just can't erase being a witness at an attempted murder.
  • Apr 14, 2010, 06:38 PM
    ohsohappy
    Quote:
    Originally Posted by J_9 View Post
    Unfortunately you were a witness. You just can't erase being a witness at an attempted murder.
    Bugt I was never even there, I didn't see anything. I was just supposed to see him later that day and I never did. That's all I know.
  • Apr 14, 2010, 07:22 PM
    Fr_Chuck

    But it proves most likely that he was not where he is saying. if it was not needed to prove part of the case they would not be using it
  • Apr 14, 2010, 07:40 PM
    ohsohappy
    Quote:
    Originally Posted by Fr_Chuck View Post
    But it proves most likely that he was not where he is saying., if it was not needed to prove part of the case they would not be using it
    I guess that makes sense. It's just frusterating.
  • Apr 15, 2010, 09:30 AM
    JudyKayTee

    Both sides want to know what you saw, how credible you are, how well you hold up under questioning and they will use this deposition at trial when they cross examine you (if you are called as a witness) to make sure your stories are the same on both occasions.

    It's part of the legal system and, yes, these are two different trials.

    How did the Police get your name for the first trial? It sounds like you were supposed to be there but weren't there. How did anyone find out about that?
  • Apr 15, 2010, 04:29 PM
    ohsohappy
    Quote:
    Originally Posted by JudyKayTee View Post
    Both sides want to know what you saw, how credible you are, how well you hold up under questioning and they will use this deposition at trial when they cross examine you (if you are called as a witness) to make sure your stories are the same on both occasions.

    It's part of the legal system and, yes, these are two different trials.

    How did the Police get your name for the first trial? It sounds like you were supposed to be there but weren't there. How did anyone find out about that?
    He probably told them. I don't have a problem with that at all. I had work that night until 10, and I went straight home. I was supposed to go hang out with him later just to get some food or whatever, heard from him like twice and he never showed up so I just went to sleep. I kind of have an idea how that might help, being I think I was the last person to speak to him. I have no idea who the other two people are, I've never met them. I'm glad I wasn't with him, I don't know what could've happened.
  • Apr 15, 2010, 05:04 PM
    justcurious55

    Yeah, probably is a good thing you never heard back from him.

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