Legal Question in Criminal Law in California

Does a district attorney in a state criminal case have the authority to place a civilian witness already under subpoena “on call”,without a court order?


Asked on 8/07/23, 7:53 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Of course.

Many such questions and postings start with some variation of ,"CAN he do that?" To which the answer is 'well, he DID, didn't he?' 'Can' is not the same as 'should'.

You must start with the understanding that the DA is a government employee supervised by his managing attorney, well trained and experienced, knows the 'laws' and court rules, and is following them. Otherwise any judge would chastise him for his errors or 'misconduct'.

You can not start with the assumption that 'he done wrong'. If you truly believe that, then consult with an experienced criminal defense attorney to get his opinion, based upon all the facts, not just your version of a single incident. If it is a prejudicial mistake harming the case or person, he can then do what is needed to correct the situation.

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Answered on 8/09/23, 10:08 am


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