I got into an accident 4 months back in which another driver changed lanes while not in safety and hit my car. It was determined by the police to be no fault of mine. Now i am being subpoenaed as a witness to testify in a criminal action for a case between the State vs. the other driver. I wanted to know why and what i'm supposed to expect from the trial? Also do i need to hire a lawyer and what kind(expertise)?
It is hard to say without more information. Is the action by the State against the other driver because of something the other driver did or was found to have done at the time of your accident? Was he DUI? Did he get into a confrontation with the police? Did he not appear for his ticket? Call the prosecutor and find out more as to why you received a subpoena so you can determine if you would need an attorney. If you are just a witness to something the other driver did, I am not sure why you would need an attorney.
You are being subpoenaed for trial because you are a witness. The State can only present its case through the witnesses that were there. The police officer will not be able to testify to what you told him. You do not need to hire a lawyer, though, you can if it makes you feel better or if you think the police intend to come after you for some reason. I agree with the comment that you should pick up the phone and call the prosecutor. He has plenty of files and he is not thinking about what it is like to get a subpoena. Good luck.
The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
If this is a criminal case, you would need to speak with the prosecutor (if they issued the subpoena) or the defense attorney (if they issued the subpoena). Failure to appear could result in contempt charges against you. You should tell the truth as to what happened. Consult an attorney in TX to determine if you should have your own attorney.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
You will be asked to testify as to what you observed at the time of the incident and any conversations you had with the at fault driver.
No worries for you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Don't be put off by the title state v. defendant. It is the traffic ticket case most likely. The other driver probably didn't pay the ticket and asked for a trial. The other driver is probably hoping you won't show up and the case will have to be dismissed. You are required by law to show up when you are subpoenaed.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
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