Legal Talk

The advice of a good attorney can be expensive but an attorney's knowledge can be priceless when applied in the correct situation.  Do you have a question about a legal matter and want answers?  Go to www.newspaperattorney.com and submit a question to be answered by an attorney licensed to practice law in the state of Kansas.  Your question may just end up getting answered on this blog!  Remember the Law Office of Brandan Davies LLC does not represent you in any manner until a formal representation agreement has been executed.  The following information is not legal advice and is for entertainment purposes only.  If you need specific legal advice concerning your own legal issue consult with an attorney directly. Ask Away!

Q: I have a pending criminal case for a felony DUI and an aggravated assault.  I was at a bar when this all happened and then I left in my car.  I know some of the people at the bar and want them to come in and testify as to what happened.  I think this will help my case and explain what happened.  I have talked with 3 of the 5 people that I want to come in and some said they wouldn't come to court.  What can I do to make them come to court?

A: You should be asking your criminal defense lawyer this question.  When you have serious felony charges like this you need to hire an attorney or ask the court to appoint one for you.  Having evidence, (i.e. witness testimony) that will help your case needs to be told to your attorney and brought before the court.  If the witnesses will not show of their own free will to tell the story then your attorney can subpoena/summons them into court and make them testify under oath as to what they witnessed, so long as it doesn't implicate them in a crime.  This is basic knowlege that all attorneys should have. 

Depending on what the witnesses will say under oath this may be a good thing or it may be a bad thing.  You need to consult with a criminal defense lawyer before making that decision.