Can a attorney get me out of a subpoena?
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Can a attorney get me out of a subpoena?
I’ve been subpenaed for a murder case. I was questioned the month it happened, but never made a
statement, and was never told if I was being recorded. I was questioned because my vehicle was seen on camera picking up the suspect.
Asked on September 6, 2017 under Criminal Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No; there are essentially no grounds to get out of a subpoena to testify or give a deposition if there are any reasonable grounds to believe that you *might* have useful information. If your vehicle was photographed picking up a suspect, it is certainly reasonable to think you know something; therefore, you will not be able to escape the subpoena. However, you may wish to hire a lawyer anyway, if you did *anything* which could implicate you (e.g. you drove the suspect to or away fromt the crime under circumstances where a reasonable person might have concluded he was doing or would do something criminal; that could make you an accomplice). In this case, you'd want an attorney to advise you when to *not* answer a specific question (e.g. to "take the 5th" or use your right against self incrimination).
(Note that while the right to not say anything which would incriminate yourself lets you avoid answering individual questions, you can't use it to get out of the subpoena or testifying; you have to show up and answer the specific questions with your refusal to respond and asssertion of your privilege.)
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