Denton, TX asked in Criminal Law for Texas

Q: Why have I been subpoenaed for the defense after being made a standby witness to the prosecution.

I've been subpoenaed as a witness for the last 5years for a case that kept being pushed back. Now that it's actually happening the prosecution decided to put me on standby to testify. This made me happy as I didn't want to relive traumatic memories. However, I've once again been subpoenaed but now by the defense. Why is this happening? What is their motive?

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1 Lawyer Answer

A: The defense can't really rely on the prosecution to have you there unless they subpoena you themselves... They may want the jury to hear your version of events rather than allowing the lying police to embellish the story. Remember, a trial answers two questions: (1) is the defendant guilty and (2) if so, what is the appropriate punishment. So it is possible they think that your testimony would hurt them for part 1 and help for part 2.,

Of course, it is also possible that they don't think you'll show up and, then if you don't, then they'll get another delay... that's not likely but I suppose anything is possible.

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