What can I do? (If anything....)

rockin'robin

rockin'robin

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About 1-2 months ago,a few houses down in my neighborhood, there was a fight (on a Saturday night around midnight)....the fight went into the middle of the street....5 gunshots and 1 man got cut really bad on his face. As far as I know, no one actually got shot....I think the man just shot up into the air.

My 14 yr. old came to me and said..."I just heard gun shots"!...so I got up and looked outside my door, to find a lot of my neighbors gathered around in the cul-de-sac.....talking....then so many police cars, SWAT, police dogs, fire department etc., were out there....

My son and I went outside and joined our neighbors to find out more as to what was really going on....my other 2 boys were spending the night with their friends.

A police officer was walking around, asking people questions. He questioned my son....and my son told him he had heard 5 gun shots....that was basically all my son told the officer. We did not see anything!...

So here's the problem! We got a subpoena to make a deposition in court! And it's for my 14 yr. old son!...I'm very upset about it, as we don't know those people and did not see anything!

So I called downtown and was put on hold....then had to leave a voice mail,,,for 2 days I tried to call!....I do not want my son to make a deposition in court!....And finally, late this evening I was able to get thru to someone Downtown, and told them all this, and they said, "Well, he will have to attend, no matter that he is a minor"!

So, I had my son write a letter and I also enclosed a letter to the Court, which I will mail tomorrow, telling them that my son did not see anything! Only heard the gun shots, and that I was not allowing my son to make a deposition.

A friend of mine told me that I could be held in Contempt of Court if I did not respond!....What can I do now?....I do not want my son to do this!!
 
Deal with it and move on! There is not much you can do, usually it won't take much time in court, just show up, when asked by judge... say this and that and move on. Sending though mail will likely fall on Deaf ears. Judge will not appreciate that, just show up and show this minor, then judge can hear and take it, usually will excuse right on spot. Remember I said usually, it is up to the judge to decide.

Failure to comply will get you held as contempt in the court and it will get nasty, EVEN if it involves minor, parents/guardian is 100% held responsiblity. So don't flunk this.

So, here is lesson, next time, don't say anything if you have not see anything. Don't involve anything... Mentioning anything to cop triggers subpnoea no matter what.

All I can give is my sympathy.

DHB

rockin'robin said:
About 1-2 months ago,a few houses down in my neighborhood, there was a fight (on a Saturday night around midnight)....the fight went into the middle of the street....5 gunshots and 1 man got cut really bad on his face. As far as I know, no one actually got shot....I think the man just shot up into the air.

My 14 yr. old came to me and said..."I just heard gun shots"!...so I got up and looked outside my door, to find a lot of my neighbors gathered around in the cul-de-sac.....talking....then so many police cars, SWAT, police dogs, fire department etc., were out there....

My son and I went outside and joined our neighbors to find out more as to what was really going on....my other 2 boys were spending the night with their friends.

A police officer was walking around, asking people questions. He questioned my son....and my son told him he had heard 5 gun shots....that was basically all my son told the officer. We did not see anything!...

So here's the problem! We got a subpoena to make a deposition in court! And it's for my 14 yr. old son!...I'm very upset about it, as we don't know those people and did not see anything!

So I called downtown and was put on hold....then had to leave a voice mail,,,for 2 days I tried to call!....I do not want my son to make a deposition in court!....And finally, late this evening I was able to get thru to someone Downtown, and told them all this, and they said, "Well, he will have to attend, no matter that he is a minor"!

So, I had my son write a letter and I also enclosed a letter to the Court, which I will mail tomorrow, telling them that my son did not see anything! Only heard the gun shots, and that I was not allowing my son to make a deposition.

A friend of mine told me that I could be held in Contempt of Court if I did not respond!....What can I do now?....I do not want my son to do this!!
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I know you don't want to hear this, but I would have your son attend the deposition. Depositions aren't something to worry about and the people involved will do everything they can to make sure your son isn't emotionally upset during the experience. It will most likely involve a few short questions and nothing more. I wouldn't refuse the Court's request since this would put you in contempt.
 
exactly, courts generally wants to hear from witness directly rather than though cops and attorneys. just show up and say this, all I hear is 5 shots and dont see anything, end of story.


Hear Again said:
I know you don't want to hear this, but I would have your son attend the deposition. Depositions aren't something to worry about and the people involved will do everything they can to make sure your son isn't emotionally upset during the experience. It will most likely involve a few short questions and nothing more. I wouldn't refuse the Court's request since this would put you in contempt.
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diehard is right. It won't be a complicated process at all and should only take 30 minutes to an hour of your time.
 
Since your son's 14 years old, consider this as golden opportunity to teach him the America Justice system, that way your son can understand there is consequences if he do crimes in future, go for it!
 
this is not just a testimony for a simple crime like theft or assault. This is the case of a deadly weapon just down the street. Tell me - would you put your child thru kind of risk where his/her name can be known to that thug with gun?

If I remember the law correctly - no one especially the minor can be forced to give deposition. Under extenuating circumstance when all evidences and witnesses have been exhausted and if the case depends on one uncooperative witness, that witness can be required by judge to testify or face concept.

In this case - your child is not required to give deposition. It is very common of parents to not allow their child to take part in deposition because the deposition can be used at trial. If it is being contested, the witness may be required to come to trial to face cross examination. Also - I'm sure there are numbers of witnesses around. Your child is not needed for safety reason. That person downtown is incredibly insensitive and irresponsible for brushing you off.

Mind you - I'm not entirely sure if I'm correct about what I just said. I would strongly advise you to seek advice from lawyer (not to hire one but to consult for an advice). It's free.
 
Jiro said:
this is not just a testimony for a simple crime like theft or assault. This is the case of a deadly weapon just down the street. Tell me - would you put your child thru kind of risk where his/her name can be known to that thug with gun?

If I remember the law correctly - no one especially the minor can be forced to give deposition. Under extenuating circumstance when all evidences and witnesses have been exhausted and if the case depends on one uncooperative witness, that witness can be required by judge to testify or face concept.

In this case - your child is not required to give deposition. It is very common of parents to not allow their child to take part in deposition because the deposition can be used at trial. If it is being contested, the witness may be required to come to trial to face cross examination. Also - I'm sure there are numbers of witnesses around. Your child is not needed for safety reason. That person downtown is incredibly insensitive and irresponsible for brushing you off.

Mind you - I'm not entirely sure if I'm correct about what I just said. I would strongly advise you to seek advice from lawyer (not to hire one but to consult for an advice). It's free.
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Thank You, Jiro!!!...I'm still going to fight this disposition....I do not want my son having any part of it, me either.....because these people were forced to move from that house, evicted. There were always a lot of cars in their yard, and suspected drug traffic....And even tho' they were evicted, they still come into the neighborhood and visit other people, and they "all stand outside" the house, talking in the streets. These people look like thugs!

I'm not going to risk my son's life over something he did not even see! Only heard the gun shots.....We were in our house that night.

Even I would be afraid to give a disposition or even testify in court if something like this happened, and a gun was involved! But I'm an adult, and that would be different, since my son is a minor and has never been to court before, never gotten into any trouble, and he really has no idea of the reprucisions that could happen in this case.....He does not want to go either.

Our neighborhood was a nice and quiet one until all this happened! One of our friends has already "moved out"....and I will also be moving out in 1-2 months. Of course I know there is crime everywhere....but this incidence happened right down the street and there are a lot of children here....

I will contact a lawyer right away to fight this, and no matter if the outcome says he must attend, I will not allow it! If I'm held in contempt, then so be it! Paying a fine or being held in jail for a few days is better than having my son's life being possibly threatened with harm.
 
diehardbiker said:
Since your son's 14 years old, consider this as golden opportunity to teach him the America Justice system, that way your son can understand there is consequences if he do crimes in future, go for it!
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I like this idea a lot! I'd be wonderful experience for him, i think. My first brush with the court system was for a traffic citation but even tho it's a routine sort of thing, i was still really nervous when I got there.
 
Bramus said:
I like this idea a lot! I'd be wonderful experience for him, i think. My first brush with the court system was for a traffic citation but even tho it's a routine sort of thing, i was still really nervous when I got there.
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would you go testify against a dangerous person who may or may not have gang friends living in same neighborhood as you?
 
I can understand your feeling, I think the reason why your son has to give a disposition is because they basically could use that information on what he heard during the trial to resolve a case. I don't think he has to required to testify, I think they just need him to gather information to use in court. But, you can always speak to the DA's office before the date that he has to give a disposition. Good luck! ;)
 
Good news here!...I finally reach the State Attorney's office and the lady was so very nice and helpful and listened to my reasoning regarding my son.

Then I had to call back to the Attorney that was prosecuting or handling the case....and just told him that I would not allow my son to make a disposition....several reasons are:... my son was questioned by a police officer and my being deaf, I did not know anything of what the conversation (questions) were fully about. And since he is a minor, I felt that was against the law.

So...we don't have to attend anything!....I also sit my 14 yr. old down...and explained things to him, as we've never had to have a "conversation" such as this!...He understands fully....and we're "so glad" this issue is resolved......He was also "worried" somewhat too, as these people still come into our neighborhood, no matter that they were evicted and possibly told to stay away from the property....
 
rockin'robin said:
Good news here!...I finally reach the State Attorney's office and the lady was so very nice and helpful and listened to my reasoning regarding my son.

Then I had to call back to the Attorney that was prosecuting or handling the case....and just told him that I would not allow my son to make a disposition....several reasons are:... my son was questioned by a police officer and my being deaf, I did not know anything of what the conversation (questions) were fully about. And since he is a minor, I felt that was against the law.

So...we don't have to attend anything!....I also sit my 14 yr. old down...and explained things to him, as we've never had to have a "conversation" such as this!...He understands fully....and we're "so glad" this issue is resolved......He was also "worried" somewhat too, as these people still come into our neighborhood, no matter that they were evicted and possibly told to stay away from the property....
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:applause: to Attorney and lady being professional and courteous to you!! Now what's next is to sharply :nono: at someone from police department for brushing you off.
 
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