A friend of mine lost custody of all 3 of her children on Friday, due to drug charges. Her last go around with the police she got a total of 6 charges 3 related to PCP. She was already on probation for previous drug charges. The judge order a hair follicle test, and the children where to immediately be handed over to their father. Her lawyer told me that the fathers lawyer was going to force me to testify against her in regards to her drug use, me and my sister to be exact. She is really a friend of my sisters who I see on occasion at family dinners. Can I be forced to testify against her?
Custody
- Thread Starter jshancock
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Yup. It's called a subpoena. Disregard and contempt charges can and SHOULD be filed against you.
Out of curiosity: Why wouldn't you testify to help these children? Do you understand the danger the children are in with this woman? Do you care?
mightymoose
Moderator
Make yourself scarce to avoid being served papers. Don't answer your door, change your address and don't leave a forward, and don't be at a predictable public location.
Keep yourself invisible and you can stay out of court.
It's probably not worth all that. You would be seeing black helicopters before too long. Just go and tell the truth, but don't offer anything they don't ask. Keep your answers short.
Keep yourself invisible and you can stay out of court.
It's probably not worth all that. You would be seeing black helicopters before too long. Just go and tell the truth, but don't offer anything they don't ask. Keep your answers short.
I can't imagine it is the intent of this forum to advise someone on how to avoid a subpoena.
jharris352
New Member
Giving someone advice on how to avoid a subpoena is OBSTRUCTION OF JUSTICE and certainly isn't the point of this board.
jharris352
New Member
PCP is absolutely NO JOKE. The children are in serious danger if the mother is using and trafficking in PCP. As the others have said, do the right thing and testify fully to what you know. If you are involved in the drug use and trafficking, then get help.
I am in no way involved in anything she does. As I stated she is a friend of my sisters. not mine. All I knew was hear say, and then in teh last 2 weeks the walls came down. I really don't know that much. I would never avoid going to court, nor would I EVER lie in court. I fully undersatnd the extent of what she is doing, and that her children are in a better place. I just don't know anything factual that could be helpful. I am also just trying to stay out of all of this. I have never been to court exept for a traffic ticket, and I was just nervous on what to expect.
jharris352
New Member
You are ok. Just cooperate, tell what you know and no more and all will be ok.
mightymoose
Moderator
Seems to me that I suggested going to court and telling the truth would be best...
mightymoose
Moderator
Avoiding service is not illegal.
Avoiding service... it's a matter of opinion sometimes what that means, especially if it is clearly intentional. Additionally, when it does happen, get ready to deal with it in court. Not likely anything will go your way afterwards.
Apparently, this is Maryland law and evasion means that the court can simply create another method of service and you may not even receive notice - and you'll have to deal with it later.
Rule 2-121. Process-Service-In personam
Generally.
Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: "Restricted Delivery—show to whom, date, address of delivery." Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.
Evasion of Service.
When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.
By Order of Court.
When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.
mightymoose
Moderator
That is my understanding. After a legitimate effort has been made to make proper service, a judge can simply decide to continue without you.
In this case a person is being asked to testify in a civil matter regarding child custody. It might be frustrating to the parties involved, but is not illegal to avoid service.
No, it isn't illegal but it depends upon how far you go and it can cost you. Usually making it hard to serve is no crime but, depending upon how far you go, it's not always without repercussions. In the end, if you need to be in court the court will find a way to state that you are "served" and, in addition, the court will already be predisposed towards an attempt to thwart the process. Remember, we are dealing with people and most usually go beyond the "reasonable" standard and lose perspective.
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