Legal Question in Constitutional Law in California

I have been supeoned to testify in court.

I signed an afidavit stating that I was driving a car that was involved in an accident. The car hit a parked car and the driver left the scene of the accident.

I should not have signed that paper, because now the defense wants me to testify in the case. I do not intend on incriminating myself by testifying that I was the driver, because I was not. I wasn't even there. When I signed the affidavit, I was broke and almost homeless. I now have a job and am ''working a program of Recovery''.

What do I do??


Asked on 3/01/06, 12:14 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I have been supeoned to testify in court.

You get a lawyer. Affidavits are signed under penalty of perjury, so you have already incriminated yourself by signing one. Testifying in court that you lied could get you into a lot of trouble, but so could defying the subpoena. You will need a lawyer to help you get out of the mess you've created.

Being unemployed does not excuse perjury. Neither does being in a recovery program, though the underlying conditions may help explain your actions. Either way you are likely to anger the judge and the parties, so be prepared for serious headaches down the road.

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Answered on 3/01/06, 2:01 pm


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