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Motion to quash subpoena to testify


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#1 Jane3625

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Posted 29 August 2012 - 08:51 AM

I received a subpoena to testify at the trial of an old business associate. I do not want to testify can I file a motion to quash the subpoena? The IRS/Department of Justice Subpoena is to appear in US District Court in Coeur d'Alene Idaho. I am fearful that testifying would end up incriminating me. I am also on the verge of Bankruptcy, I have been unemployed and after I pay my mortgage and utilities for September I will have just over $100 left to feed a family of 4 with no other source of income. I am spending every moment I have job hunting and I if I loose additional time flying to Idaho (which I have no money to pay for to travel there so I don't know how I would even get there), and I can't be looking for work it will be the straw that breaks the camels back. I need to be working and earning money to put food on the table an not loose my house.

#2 Guest_FindLaw_Amir_*

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Posted 29 August 2012 - 09:27 AM

Before proceeding, you may want to consult with a local Idaho Lawyer to advise you of your rights regarding this subpoena to testify.

#3 pg1067

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Posted 29 August 2012 - 09:38 AM

I received a subpoena to testify at the trial of an old business associate. I do not want to testify can I file a motion to quash the subpoena?


Can you file a motion? Well...I don't know. Can you? Certainly you are permitted to file such a motion. If your intent was to ask whether you can essentially decline to testify just because you "do not want to testify," the answer is no. A subpoena carries the force of a court order. It is not an invitation that you can decline in the same manner as if it were an invitation to a party.


I am fearful that testifying would end up incriminating me.


Your may assert your Fifth Amendment privilege against self-incrimination and should consult with an attorney about this.


I am spending every moment I have job hunting and I if I loose additional time flying to Idaho (which I have no money to pay for to travel there so I don't know how I would even get there), and I can't be looking for work it will be the straw that breaks the camels back.


Where do you live? You need to contact the DOJ attorney who issued the subpoena and explain your situation and request some sort of accommodation (e.g., telephone testimony, a deposition in your area, or payment of your travel expenses).

#4 Tax_Counsel

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Posted 29 August 2012 - 11:08 AM

I do not want to testify can I file a motion to quash the subpoena?


If you file the motion simply because you do not want to testify and because it would be a bother, interrupting your other life's activities, that will get quickly denied. If those were good reasons for the court to quash the subpoena, no one would ever show up to testify at a trial.

The IRS/Department of Justice Subpoena is to appear in US District Court in Coeur d'Alene Idaho.


If this is a tax evasion prosecution, let me tell you that the IRS and DOJ put a lot of work into developing these cases. They don't issue the trial subpoenas lightly and if your testimony is really required, the DOJ will want you there. Contact the DOJ attorney and discuss with him your issues of the cost of getting there. The government can pay the travel costs for the witness if necessary.

I am fearful that testifying would end up incriminating me.


If you fear you might also be implicated in tax criminal charges, then before you testify I strongly suggest you seek advice from a tax attorney or criminal defense attorney familiar with tax evasion cases. You have the right to assert your fifth amendment privilege against self-incrimination if the answer would reasonably subject you to a risk of implicating yourself in a crime. You need to find out if indeed you might have that risk and, if so, what you need to do to protect yourself when testifying at that trial.

#5 bretjohnson78

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Posted 26 September 2012 - 10:53 PM

I received a subpoena to testify at the trial of an old business associate. I do not want to testify can I file a motion to quash the subpoena? The IRS/Department of Justice Subpoena is to appear in US District Court in Coeur d'Alene Idaho. I am fearful that testifying would end up incriminating me. I am also on the verge of Bankruptcy, I have been unemployed and after I pay my mortgage and utilities for September I will have just over $100 left to feed a family of 4 with no other source of income. I am spending every moment I have job hunting and I if I loose additional time flying to Idaho (which I have no money to pay for to travel there so I don't know how I would even get there), and I can't be looking for work it will be the straw that breaks the camels back. I need to be working and earning money to put food on the table an not loose my house.


Have you found the lawyer? What is the status of your case now?




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