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I have 8 co-defendants in a case originally prosecuted by another prosecutor a few years ago. Five plead out, received a short deferred, and early terminated. They are now free and clear of probation. Testifying in any future case was not a condition of their probation and they are no longer represented by anyone.

Trial for the remaining three co-defendants is coming up fast and we need the testimony of those first five. But they're not cooperative. They're not indigent, but they don't want to pay for an attorney again to help talk them through the law regarding whether or not they can be compelled to testify (they can, because they've already been prosecuted), and whether or not anything they say could be used against them (there's nothing to use it against them in... their cases are over).

So they're all under subpoena, but no one will talk to us because they're afraid of us.

It sure feels like I'm giving legal advice to try and explain to them that it's safe to talk to me now... or to even have my investigator explain that to them.

I believe that if they understood it was safe to talk to me, they'd help us out. How do I go about educating the co-defendants on the law without giving them legal advice and without going through a defense attorney?

One last caveat: this is a tiny county and a special docket, so we don't have court again, or even the ability to get anyone in front of the judge, until the day of trial.

This message has been edited. Last edited by: Jon English,
 
Posts: 198 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
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Jon. You can subpoena them. If they need an attorney, the Judge can appoint one. But, jeopardy should apply and the Judge can require them to testify or find them in contempt (up to 6 months in jail?). So, for this to work you need, 1. a Judge that will enforce subpoenas and 2. a Defendant who will not lie just to spite you.
 
Posts: 109 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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I agree with Hubert. Moving forward, it's always a good idea to take testimony from co-defendants at the time they plea in order to lock them in. That way, they're very unlikely to change their testimony at the co-defendant's trial and, if they do, they're subject to perjury.
 
Posts: 64 | Location: Brazos County, Texas | Registered: February 14, 2007Reply With QuoteReport This Post
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What's wrong with giving your witnesses legal info concerning their testimony? I do it all the time. For example, if the police have a witness who doesn't want to "get involved," and give a statement, I advise them to tell the witness that if he does not give the police a statement he'll be subpoenaed to the Grand Jury, and he'll have to answer the questions or face contempt of court charges. I usually subpoena domestic violence complainants to the grand jury, and before they testify, outside of the grand jury, I explain they have to tell the truth, it's the law. I also tell them to file an affidavit of non-prosecution, if it will help get their boyfriend off their back, but I will not honor it. Cases that aren't quite criminal, I have advised the victim to sue in JP court. I give legal advice all the time, and never worried about it. So go ahead and talk to them. They are your witnesses now.
 
Posts: 686 | Location: Beeville, Texas, U.S.A. | Registered: March 22, 2001Reply With QuoteReport This Post
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