So let’s just assume it’s a real subpoena. Second Stone is right. You need an attorney. You need to tell the truth. It’s probably a good idea to get a copy record from what happened when he turned himself in so he can remember exactly what he said that day. If he said he had ‘a few drinks’ I would just leave it at that. 2? 3? 14? “I don’t remember, I know I had a few, but I wasn’t counting”
You’re lawyer will advise you on exactly what you should and should not say. Also, does the subpoena list the victim as the plaintiff and the bar as the defendant? (I’ve never seen one, I assume that those would be listed on there). Can you check your state’s public records website and see if there’s a case against the bar…or your fiance?
I wouldn’t listen to anyone but his own lawyer saying he needs to “tell the truth.” It hasn’t been established that he needs to actually attend the deposition or, if he does need to attend, if he needs to provide any testimony at all. He needs to ask his lawyer these questions and not people here.
yes it is court ordered to attend and stamped by a notary public. It says if I dont attend a bench warrant will be issued. Hes fine with being sued he just is worried about being resentenced and getting more time.
He can’t be tried and convicted twice on the same illegal act. Since he’s already pled guilty, double jeopardy applies and he can’t be charged again. Criminally, he’s not at risk, but you still need to speak to a lawyer about civil liability and what his rights and responsibilities are with respect to the deposition.
thanks I hope your right about the double jeopardy. I thought about that but since it was leaving the scene and this would be aggravated dui or something else if that would apply.
Thank you for doing this. This will help protect your fiancee. You should also consult an attorney because marrying this guy may get you a judgment against you as his spouse. Do this for yourself.
As for double jeopardy, it probably applies for criminal cases. I say probably because there are exceptions which probably do not apply here. It certainly can be used against your fiancee.
As for the person who suggested not telling the truth unless your lawyer approves, do not testify untruthfully under any circumstances if you testify. You can either shut up or tell the truth. There is no lying allowed under oath. There are no exceptions to this rule and I say that without qualifications, which is as far as I know, unique in the law. A lawyer who says otherwise is an idiot and committing malpractice.
Whoa there! My understanding is he can’t be convicted again on the same charge(s) (in this case “leaving the scene” and “reckless driving”), but he’s not immune from other charges related to the same act by virtue of “double jeopardy.” He may be immune through statute of limitations or through plea agreement, but if he wasn’t tried for DUI back then, there’s no double jeopardy in trying him for it now.
There’s a whole body of law on this and other questions raised by the OP. The only advice appropriate is “see a lawyer as soon as possible to explain it all to you.”
To clarify my previous post, I suggested telling the truth only if the attorney approves of giving any testimony at all. If giving testimony, make it truthful.
Yeah. As I understand it, the Fifth Amendment would prevent him from being compelled to admit to a crime. So I’m guessing he’s in the clear as far as his own testimony is concerned (any other testimony that incriminates him, they would be free to use). Either his testimony won’t involve putting him in any jeopardy or he can refuse to testify. Obviously, he should get a lawyer to determine which one applies, and to advise on the specifics.
You should also consider that if your bf admits he was drunk, that information may end up being used in a lawsuit against him. Just because they are suing the bar right now, doesn’t mean they can’t use their info to sue more people later.
The very first thing you need to do is to determine whether the letter he received has any legal force to compel hum to appear and testify. If it is merely a strongly worded and threatening sounding letter, he does not have to obey. But there are orders issued through the legal system that can compel his appearance.
Somebody was hurt. The OP doesn’t say that, but you don’t sue the drinking establishment if you aren’t hurt. This wasn’t asked for, but I’ll offer it anyway: fiancee is a drunk driver who is going to drunk drive again. Do not marry this asshole. You will be paying off his judgments for the rest of your life, even if the marriage is short. I’ve seen this dozens of times.
As I understand the OP, this is not a criminal matter. It is a civil matter (i.e. a lawsuit between two private parties). Thus, the Fifth Amendment does not apply.
I am hesitant to say more, as I am not in the OP’s jurisdiction, and am unfamiliar with local law. I will reiterate what many others have said here though: see a lawyer of the applicable jurisdiction to ask about and understand your rights and responsibilities.
Correct. A person may refuse to testify in a civil trial if his testimony would criminally incriminate him. However, unlike a criminal trial, the finder of fact at a civil trial may infer guilt from his refusal to testify, and is allowed to assume that his testimony, if given, would have implicated him.
Addressing this post only and not the OP, the 5th amendment applies in civil actions, but the civil and criminal implications of asserting the 5th may differ.