How can my son get out of a subpoena to appear in court?

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How can my son get out of a subpoena to appear in court?

My son who is 16 years old was a witness to a fight at school in the boys locker room. The boy who started the fight was arrested and charged with malicious wounding. Well the school and the officers talked to my son without notifying me or having me come to the school. Are they allowed to do this? Because now we have a subpoena for witness to appear in court and my son really does not want to be involved because the boy and his family are nothing but trouble. The entire family has been in trouble with the law for years and to be honest I am actually scared to let him appear fearing that they may cause trouble for my family. Is there a way to get out of this?

Asked on May 13, 2015 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally speaking, the school can allow him to be spoken to by the police on school grounds without notifying you. As for the subpeona, hire a lawyer asap to ty and quash it (the legal term for getting him out of it) and stay his testimony at trial if you have legal grounds to do so in your state. Seek legal help asap.  Good luck.


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