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Can the prosecuting attorney subpoena my 9 year old daughter to testify against my ex boyfriend in a dv case? What should I do?
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My ex boyfriend has a court date later this month and the prosecuting attorney subpoenaed my 9 year old daughter to testify in court. I feel this puts her in a unfair position cause he was a father figure to her, also he's her brothers dad and she's going to be scared. Is there anything I can do or what should I do now? Also they added a bail jumping charge cause he missed a court date on Oct. 11 so a warrent was started but never issued cause ur went to court and explained to the judge so the warrent never got issued. The prosecuting attorney added the bail jump charge on him on Oct. 22. He has went in front of the judge multiple times since then and nothing was mentioned about the new charge. Also can they charge him with jumping bail when he was never bailed out?
Yes, they can subpoena her to testify. See RCW 5.60.020: "Who may testify.
Every person of sound mind and discretion, except as hereinafter provided, may be a witness in any action, or proceeding."
Generally, the only thing that would make her incompetent to testify is if she is too young (or has some other condition) to be able to understand the truth, tell the difference between truth or lie or accurately recall and relate things that happened in the past. It depends on the characteristics of your daughter but 9 is probably old enough to do all of that.
As far as bail jumping goes: Bail is not required. If he was released by court order or admitted to bail with the knowledge of a subsequent court date, he can be charged and convicted. See RCW 9A.76.170. Unfortunately, I've seen several people convicted of bail jumping when *neither* of those conditions were met.
Regarding the bail jumping charge, the best person to answer whether your ex will be convicted of that is his attorney. His attorney will know all the facts and will be best able to address you questions about the case.
As to your daughter, you can communicate your concerns to the prosecutor and to the witness coordinator. RCW 7.69 and RCW 7.69A might assist you as well.
I am sorry to hear about the situation you find yourself in as a concerned parent for your daughter. You should consult with an attorney regarding likely consequences of disregarding the subpoena if, in the best interest of your daughter, you think that may be something you want to do for her. As to the bail jumping, yes it can be added even though he had no bail and even though it wasn't added right away.
