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Originally Posted by Great Lakes
Hey All,
Here are the beans. A dragnet was put out in WA. Some of my buddies got caught up. But not me I have no priors. The charges came out to be for them felon in posession affecting interstate commerce. One is not having a trial the other is. and that's where the subpoena in a criminal case for me to appear as a witness comes in, a witness for the USA, and not my friend. Since mid november there has been little communication between us. I've been cut off for reasons that are questionable. Anyway there was a private transaction of a weapon that the feds found in my friends home. They had questions about it I refused to answer, as it was a transaction not involving the friend in the criminal case. It was between me and their spouse, also not involved. There are no charges on me. I have been less than cooperative. And I don't wish to go to United States District Court Western Washington to answer any questions. No laws were broken. Everything I did was above board. Why should I go, other than the fact that if I don't they'll arrest me and possibly throw away the key? I know I've been vague up to this point but this is not familiar, or friendly territory. Feeling my way about has gotten my fingers nipped at. I want to feel better about my reasons for my actions or lack thereof. What can you see to help me see better?
All input welcome.
GL
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First, let me say that I came onto you the strongest about putting down the cards, and I will follow up by saying that now, we have something to work with.
How long do you have before they told you to appear?
and
How were you served?
These two questions are important.
First thing that comes to mind is
Who are you? (I don't really want to know who you are) Is your Name the all caps juristic person on the subpoena? or are you a man (or woman) that has a name spelled with upper and lower case letters?
If there has been a mistake in the (your) acceptance of the summons for someone else, I would (make a copy) send it back to them registered Return Receipt (not certified) mail, and apologize, saying "apparently, I am in possession of a summons that is meant for someone else. I do not wish to hold up your process, and I wish you well in finding whomever this is. Since it is CLEARLY not me, I have no need for this paperwork.
I would then copy (via registered) the judge, the opposing party, the clerk of court in that district, and anyone else that you can think of to copy on this.
That's just what comes to mind. This is not advice, it's just probably what I would start investigating if it were me.
Another thing is, do you have any firsthand knowledge that could incriminate you? If so, there's the 5th amendment, if not, you can clearly state that you have no firsthand knowledge of the question they state.
I would study the Federal Rules of Evidence, so that you know what is allowed and what is not.
You could also challenge the court's jurisdiction over you, and Marc Steven's book will really help you with that.
GET IT TODAY
Also, Jerrypitts has a great suggestion. I would definitely have a list of questions that would embarrass the H#!! out of them when the jury hears them. Jury Nullification is one of them.