Legal Question in Criminal Law in California

My 10 yr. old son got a SUBPOENA to appear as a witness in a CRIMINAL CASE.

The prosicuting attorney is requesting my 10 year old so testify. I know this case is totally wrong and that the prosicuter is unwilling to listen or verify any correct information on hercase she is only interested in a conviction wether the crime was even commeted. I know this because I spoke with her for a few minutes and she turned around and did the opposite of what she told me she was going to do and used me to make it look like there was actuallyt a crime commited. When I asked her why she had done that she said "Maybe you were confused I am the prosicuting attorney" and she also said that was what she was going to do unless he was to plead guilty to a crime he didn't commit. I don't want my son to get victimized by any attornet or court system. Do I have any rights to protect him from this cruel and decieving attorney. I truelly believe that she only requested him because I told her if she calls me I will tell everyone that she is already aware of the truth and chooses to continue anyway.


Asked on 12/26/99, 1:53 am

1 Answer from Attorneys
Robert Sainburg Office of Robert Sainburg, Attorneys

Re: My 10 yr. old son got a SUBPOENA to appear as a witness in a CRIMINAL CASE.

I am sorry to hear about your situation. Although I could not understand your statement completely, you might wish to contact a public defender (attorneys who are paid by the state to defend against charges) or, if the matter is in juvenile court, seek an appointed attorney to represent your child in that proceeding (if he is being charged) or, you might consider retaining a private attorney in the matter, consulting a local bar referral service, the telephone book, or otherwise, seeking professional assistance (you may contact our offices if you wish). Do not ignore the subpoena, although you might contact the party that has issued it and find out whether an actual appearance is necessary, whether being on-call is acceptable, or, whether there is even a need any longer for an appearance at all. Good luck to you.

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Answered on 12/29/99, 4:59 pm


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