A friend has been jailed for the past year after being accused of Assault with a deadly weapon by his wife. There were no witnesses to their argument and no evidence that she sustained any injuries. Shortly after his arrest, she moved to another state and has said she has no plans of returning to testify. She initially agreed to sign a notarized statement stating that she no longer wishes to file charges, but has not followed through. Given that she cannot be compelled to return to testify, are there different consequences for her if she sends the notarized statement as opposed to just ignoring the State's request that she return?
Consequences for her? Probably almost none at all. She doesn't have to come and testify if she doesn't want to, that's her right. However, you shouldn't think for a second that her failure to testify will stop the State from going forward and even getting a conviction. Sure, an experienced criminal defense attorney would raise all sorts of issues, Confrontation Clause, hearsay and the like, but the State will probably still press on. I hope your friend has good representation, because that's what he needs right now.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
No. Although the State has subpoena power, that only extends to 100 miles. The State has no authority to compel someone to come to the State to testify.
I am hopeful my answer is "HELPFUL" and/or a "BEST ANSWER?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures an injured worker may encounter. The information is only for education and not intended to create legal representative of anyone.
The 100 mile rule is for civil subpoenas only. Criminal subpoenas, with few exceptions, are enforceable statewide. There is also a way to subpoena people out of state in criminal cases; "Uniform Act to Secure Attendance of Witnesses from Without State.” TEX. CODE CRIM. P. 24.28.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline