Subpoena-ing a minor

[Betty]

It looks like the school is going to Subpoena my daughter in the extortion case which she is a witness too (and victim although she had nothing to steal). Not sure if I mentioned that whole drama around here - a seperate incident to her getting beat up.

We don't want her to testify because we think it's going to cause further drama at school... and since the school has been so helpful in protecting her so far we're thinking it's best to keep her out of it. (especially consdiering they have 2 other victims that will testify and that she would rather not testify.)

Anyway, the school called today threatening to Subpoena her and I told them to go right ahead because she wasn't going to testify otherwise.

I've never been subpoenad before - have you? What about in a school type setting? They have to server her in person? Or since she's a minor do they serve me on her behalf? Will they serve her in school?

[BarTopDancer]

I'm asking my cousin, who owns a process serving company. He needs to know how old she is to give the correct info

ETA - he isn't sure in criminal cases but he says the schools lawyers would have to convince the judge to issue one first.

[innerSpaceman]

You can't subpoena a minor. Plain and simple.


They can, however, subpoena YOU as her legal guardian.


But is there even a legal procedure in place. Is there some criminal complaint filed? The school itself cannot issue a subpoena for some kind of internal investigation. There have to be ongoing legal proceedings of some kind.

[Moonliner]

You can't subpoena a minor. Plain and simple.


They can, however, subpoena YOU as her legal guardian.


But is there even a legal procedure in place. Is there some criminal complaint filed? The school itself cannot issue a subpoena for some kind of internal investigation. There have to be ongoing legal proceedings of some kind.

You can subpoena a minor (http://law.onecle.com/california/penal/1328.html) in California. You just have to serve the parent/guardian.

[Cadaverous Pallor]

WTF? She witnessed extortion?? Is this a private or public school?

[Kevy Baby]

You can subpoena a minor (http://law.onecle.com/california/penal/1328.html) in California. You just have to serve the parent/guardian.That's pretty much what iSm said

[innerSpaceman]

No, it's what I meant to say. But I didn't write it exactly that way. In any event, it all boils down to the legal guardian being the gatekeeper for anything involving a minor.

If there is a legal proceeding, a judge does have the power to order the guardian to produce the minor to testify.

[Kevy Baby]

No, it's what I meant to say. But I didn't write it exactly that way.Hmm... It's how I read it, so I am giving you credit for it.

Besides, Moonliner is just a hack, so you really can't rely on his opinions.

[Strangler Lewis]

A two-minute glance at the Education Code suggests that various school adjudicatory bodies have subpoena power which is exercised under the Code of Civil Procedure. I imagine they still would have to serve the parent, not the minor.

[innerSpaceman]

Having the power to issue a subpeona and having the power to enforce it are two different things.

Of course, you open yourself to potential sanctions if you don't obey a subpoena, but I doubt a judge would issue any penalties for a lay parent not wanting her daughter to be harrassed at school.



Anyway, make it difficult for them to serve you. A subpoena must be served personally. So don't identify yourself to strangers, don't answer the door at home for people you don't know, don't let yourself be summoned to the front desk or whatever at work unless it's to meet someone you know. Certainly don't ever pick up your daughter at school. Meet her slightly off school grounds if you need to give her a ride home from there.



Or, you could, ya know, just let her testify. But if you want to avoid that, the best way is to avoid being served with the subpoena.

[Betty]

She's 14.

Here's the story - she was walking home from school alone. She was approached by 2 girls who told her that the group of boys over there (pointing) would beat her up if she didn't give them her purse. She told them she didn't have anything for them- they looked through her purse and found some used gift cards. Amy lied and told the girls there was $15 on each of them. They took them.

Amy doesn't tell me any of this until several weeks later on the day she was beat up at school... (yeah - I know. WTF)

Several other kids also went through this - did not cooperate and were beat up. (2 boys - small/thin/geekish)

Amy made a statement on it.

So, while all this fight stuff is going on - the extortion stuff is too. They won't give us any info on the fight but tell us all about the extortion stuff.

Things at school continue to go back and forth with the girl that hit her. Some days nothing. Other days verbal harrassment. Other days she's trying to turn everyone against my daughter. etc.

I speak to school - different vice principals are handling each case. Same officer.

Amy doesn't want to testify. She's worried that it's going to cause further drama at school. In particular because so far, they've only got one of the accused girls going through this procedure so far. The other one was still at school.

The two boys will testify.

Therefore, I'm thinking it's best to let them. Let things settle down at school for Amy. And not have to take the time off work or her out of school. I don't see anyone volunteering to pay me for my lost time at the office not to mention her losing even more time at school. (she's was in the office EVERY day for at least an hour if not significantly longer for these things for over 2 weeks.)

I'm all for the bad guys getting caught.

I'm not so much for Amy getting any sort of retaliation over it. I don't want her to live in fear - nor do I want her to think that it's not good to pursue justice - but damn. She's 14. Let's let her get back to school and all.

[Kevy Baby]

Slight derail

To all you parents out there: I have the utmost of respect for what you have to go through on a seemingly never-ended basis. To have to deal with not only these kinds of major drama, but also the ever present daily drama, is something that I cannot comprehend. You are all saints in my eyes!

My hats off to any parent who manages to raise a child without killing them or someone else.