So I have a subpoena for a DHS case for my brother and his ex fiancé for their son mason mikael Ashker and I do not wanna testify. I don’t think I need to there is enough evidence if they wanna take her kids away from her. But she’s a great mom just in a bad spot and I’m not breaking up my brothers family I will not have anything to do with it
If you were subpoenaed, you need to go. Try to talk to the DHS folks and their attorney before you testify and try to talk them out of making you testify. You might tray calling them in advance.
This answer is not meant as legal advice, nor does it create an attorney client relationship between myself and the person asking the question. I am treating this as a hypothetical question, and I am giving some thoughts in response to the hypothetical based on my training and experience. The goal is to get you pointed in the right direction. The best thing for you to do, of course, is call a local attorney and schedule an appointment to get specific legal advice to your specific question.
If you have received a subpoena, you must comply with it. Subpoenas are not optional. If you fail to appear as ordered, you could be subject to arrest.
If I were you, I would contact the attorney who issued the subpoena and explain your concerns. Most attorneys do not want to call witnesses who don't want to be there.
Please read the following notice: Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline