Legal Question in Criminal Law in California
defence witness
what happens in the case when a defence witness does not show, but is crucial to the case? is it delayed? until when? after all the defence has to be allowed to present their witness correct?
Asked on 1/08/08, 10:38 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: defence witness
If the witness was properly subpoenaed and is within the court's jurisdiction, the court will usually order him brought in to testify. If the defendant did not subpoena the witness or if the witness is beyond the court's jurisdiciton (or if he is dead or incapacitated) then the case will proceed without him.
Answered on 1/08/08, 3:29 pm
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