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Criminal Law/testimony out of court

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Expert: - 9/15/2009


Question
Hello, Mr. Toomey.  Firstly, I was wondering if non-US citizens living outside of the country can be subpoenaed by an American court.  Secondly, I would like to know if in criminal cases witnesses absolutely have to testify inside the courtroom for their testimonies to be admissible.  For example, can the prosecution produce evidence from a witness unable or unwilling to appear in court via a written statement or recorded message?  Could someone be convicted on the basis of this evidence alone?  Thank you for your time.

Answer
Rich,

This is a bit out of my area of expertise and probably should be directed to an attorney.  However I will give it a shot.

I have never heard that non-US citizens can't be subpoenaed by an American court.  The problem would be finding someone with the authority to serve a subpoena outside the country and whether a subpoena served outside the country would carry the weight of law.

The Constitution guarantees the right of the accused to face his accuser.  Thus a recorded message or written statement would never be admitted as evidence because you cannot cross exam a written statement.

I have a feeling that you are somehow involved in such a situation so I want you to know that the answer to the first question is more of an educated guess on my part and you should not take it as some kind of authority to avoid a subpoena.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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