what kind of lawyer do i need to speak to if i feel threatend to testify

What to do if a witness is being threatened?

Oct 30, 2020 · An experienced probate lawyer is highly recommended in probate matters, especially where significant amounts of money or property are involved. This ensures the wishes of the individual drafting their will are followed and their property is distributed as they desire.

Will I have to testify in a domestic violence case?

Answer (1 of 7): There is no law in Texas that says that you have to have a lawyer when you file a lawsuit. But you should get one for a termination suit. The grounds for termination are listed in chapter 161 of the Texas Family Code. There is a section that lists “offenses” – failure to suppor...

What if the defendant’s attorney or investigator asks to talk to me?

other party have a family law case happening in district court, the petition must be filed in district court. A family law case includes dissolution and parenting plans. Do I need an attorney? You do not need an attorney to get an Order of Protection. But it may help you to talk to an attorney before you file a petition for an Order of Protection.

How can I protect my testimony from the government?

1. A lawyer that primarily practices in the area of law that is the subject of your legal issue. 2. A lawyer who treats you with respect, listens to you and addresses your concerns. 3. A lawyer who explains the options available to you and the pros and …

Which acts may be classified as witness intimidation?

Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all.

What is coercion of a witness?

§ 4.11-5 Coercion of witnesses. Any attempt to coerce any witness or to induce him to testify falsely in connection with a shipping casualty, or to induce any witness to leave the jurisdiction of the United States, is punishable by a fine of $5,000.00 or imprisonment for one year, or both such fine and imprisonment.

Is intimidating a witness a felony in Massachusetts?

Criminal intimidation is a felony punishable by (i) up to 2 ½ years in jail or in a house of correction, (ii) up to 10 years in state prison, (iii) a fine of at least $1,000, and up to $5,000, or (iv) both a fine and imprisonment.

What are the 3 rights of victims witnesses * Your answer?

The right to full and timely restitution as provided in law; The right to proceedings free from unreasonable delay; and. The right to be treated with fairness and with respect for the victim's dignity and privacy.Jan 5, 2022

How do you prove witness intimidation?

To commit this version of witness intimidation it must be shown a defendant:caused harm to another person or threatened to do so; and.knew or believed the victim was involved in an investigation or had been a juror; and.caused the harm or made the threat for that reason.Sep 24, 2020

How can a witness be discredited?

The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

Is assault and battery a felony in Massachusetts?

In Massachusetts, underMGL c. 265 s. 13A, assault and battery that causes serious bodily injury is a felony that carries up to 5 years in state prison and $5,000 fine.

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

Which one is considered as a right of a victim?

In terms of rights in the context of the criminal justice system, the victim's right to access to justice and fair treatment is a central obligation by governments towards victims of crime.

What happens if a witness doesn't go to court?

If you fail to attend the court after a witness summons has been issued, a warrant for your arrest would then be granted. Also, making an excuse that you are ill for example is not good enough. You would have to produce a doctor's medical certificate that states that you are not in a fit state to attend the court.Oct 2, 2021

What can a lawyer advise on?

A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.

What happens after you testify in a court case?

After you have presented your side of the story, the judge will allow the Respondent to present his/her evidence, including having his/her witnesses testify. If you disagree with what the Respondent or witnesses say, don’t interrupt. You will have a chance to ask the Respondent questions after he/she has testified. You will also have a chance to ask witnesses questions after each has testified and you can use those opportunities to show that the evidence you disagree with is either false or taken out of context. You also will be given the opportunity to testify in response to issues the Respondent brings up that you did not discuss while you presented your case. After both you and the Respondent have finished presenting your cases, the Judge will make a decision as to whether or not to grant an Order of Protection for you.

Who can testify at an order of protection hearing?

You can ask people who have seen or heard the abuse (and/or threats), or saw you after the abuse and/or threats, to testify at the Order of Protection hearing.

What is evidence in court?

Evidence is what you present in court to prove that the Respondent has harmed or may harm you (and/or your child). Evidence can be your testimony, the testimony of witnesses, documents, photos, or objects such as torn clothing or a weapon.

What happens if the respondent disagrees with an order of protection?

If the Respondent appears and disagrees that an Order of Protection be granted, the judge will probably ask you to present your case ( your side of the story) first.

Can you present physical evidence as evidence?

You can present physical items as you testify in order to prove that you have been abused (and/or threatened). You should ask the judge to “admit” such items as evidence. Some examples of items include:

Why are people hesitant to seek legal advice?

Some people are hesitant to seek legal information and advice because they do not want to have to pay for these services. However, what you gain often far outweighs the cost of seeking such services. Many times, a lawyer can provide the following information and benefits: • Current laws that apply to your case.

What does a lawyer do when you have questions?

A licensed lawyer that practices in the area of law in which you have questions can tell you about the applicable laws that apply to your case. Looking for information online may yield inaccurate or outdated information. A professional can provide current information based specifically in the geographic and practice area that applies to your case.

How to choose a lawyer?

Selecting a Lawyer. 1. A lawyer that primarily practices in the area of law that is the subject of your legal issue. 2. A lawyer who treats you with respect, listens to you and addresses your concerns. 3. A lawyer who explains the options available to you and the pros and cons of each one. 4.

What is ethical lawyer?

3. A lawyer who advertises that he or she practices in all areas of the law.

Is legal information accurate?

While legal information is widely available on the Internet, this information is often not accurate. Even if the information is accurate, the law is a complex area that requires strict adherence to deadlines, filing requirements and procedures.

Is it better to know what you are facing or not knowing?

Not knowing is sometimes the worst feeling in the world. It is often better to know what you are facing even if this involves negative information. To remove the feeling of paralysis, many people consult with a lawyer to learn about their options.

Who makes the decision to prosecute a case?

The prosecutor makes that decision. And the prosecutor can prosecute the case even if the victim refuses to testify—the question that must be answered is whether they should.

What is spousal testimonial privilege?

Commonly known as the spousal testimonial privilege, the privilege aims to preserve harmony within a marriage by protecting a person from being forced to testify against their spouse. However, many states have created exceptions to the spousal privilege when one spouse is being tried for committing a crime against the other ...

What to do if you have domestic violence charges?

If you have domestic violence charges pending against you, talk to a criminal defense lawyer. Your lawyer can help assess the strength of the case, give advice, and defend your rights.

How to defend against domestic violence?

Talk to a Lawyer. If you have domestic violence charges pending against you, talk to a criminal defense lawyer. Your lawyer can help assess the strength of the case, give advice, and defend your rights. If you're a victim of domestic abuse, contact a lawyer or a victim's advocate to understand how the criminal process works ...

Can a prosecutor subpoena a victim?

In certain cases, the prosecutor could decide to subpoena the victim and compel them to testify—but having a terrified or hostile victim on the stand isn't always the best approach. And if the victim is a spouse, the prosecutor might not be able to compel their testimony due to spousal privilege. If the prosecutor can't rely on having ...

What If The Defendant's Attorney Or Investigator Asks To Talk To Me?

You have the right to decide whether you want to discuss the case with any attorney or investigator for either the United States or the defense. Be sure you know who you are talking to when you discuss the case. Don't be afraid to ask for identification. If you decide to speak about the case, tell the truth.

What Will Happen If I Fail To Appear?

If you fail to appear, you may be cited for contempt of court. An arrest warrant could be issued.

Where Do I Go?

Your subpoena will indicate where, when, and in what room the proceedings will take place. Please note: at the majority of court proceedings witnesses are not allowed to enter the courtroom until they are called upon to testify.

How Long Will I Be In Court?

It is impossible to predict how long witnesses will testify at trial. It is important that you arrange your schedule to permit maximum flexibility. You may have to wait to testify for several hours or more. You may want to bring reading materials, or something else to occupy your time, while you wait to testify.

What Should I Do With My Children?

Try to find a relative, friend, or neighbor to care for your children. However, you should make sure that he/she has a flexible schedule, due to the fact that you don't know when you will be released from your subpoena. In some instances, child care expenses are reimbursed.

Will I Have To Bring Anything With Me?

If you need to bring anything as evidence, you will be instructed to do so in the subpoena.

Is Food Available?

While there are soda, and snack machines located in the courthouse, there is no cafeteria. However, there are several restaurants located quite close to the courthouse. You will need to bring money for meals, since reimbursement will be sent to you at a later date.

What happens if you plead guilty to a crime?

If there is a plea deal, your lawyer will qualify you to make sure you understand the rights you are giving up during the plea. If you are convicted, you have a right of allocation where you can address the court...

What is the right to allocation?

You have the right to allocation which is a fancy way of saying you have the right to say what you would like on your behalf to the judge at sentencing. You don't have to say anything, but you can if you want. You have the right to remain silent at trial and your silence can't be held against you.

Do lawyers decide when to speak?

Your lawyer will decide if and when you speak, and will prepare you for when you do. If you wish to get out ahead of the issue, talk to your lawyer about it, and ask their advice. That's why you have a lawyer. Not all situations call for the client to testify or speak, and sometimes the client is so poor at speaking on their behalf or under questioning that the decision not to speak or testify is made for that reason...

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