Legal Question in Criminal Law in Florida

Re: Minor witness to a crime

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If this is a trial, your son will have to attend when he is subpoenaed for. You are not allowed to tell the court what time he will come. If he must miss school, the court will give him a note to give to his school. If it is for a deposition, you can call the attorney who scheduled the deposition and ask him/her to work around your son's school schedule.

Of course you can attend the deposition but may not be allowed to sit with him during the taking of it. The same goes for the trial. Your son will be required to testify based on his own recollection in his own words.

Scott R. Jay, Esq.

Re: Minor witness to a crime

If it is an actual trial or hearing subpoena your son will have to appear at the date and time identified. However, most witnesses do not testify until the afternoon in some counties, because the jury is picked in the morning.

If it is a deposition subpoena the lawyer may allow you to reschedule to accomodate your son's school, etc.

Finally, you are of course allowed to attend the trial or hearing and watch (unless yolu too are a witness). However, you can not tell your son how to testify.

I would call and talk to who subpoenaed you, they will give you better information.