Legal Question in Criminal Law in California

My husband was served a subpoena to testify in a murder trial that he recognized our friend's (the victim) car. He was not a "witness" to any crime, but only identified the victims car, and signed no police reports/witness statements. They decided to not use his testimony, but rather depend on the DMV records.

However, he was told by the DA's liason that he should not attend court proceedings here on out. The court hearing/trial is taking place in Alameda County CA, and is not a closed trial, with two reporters in attendance. What iare the legal parameters and his right to attend the trial of our friend who was murdered?


Asked on 4/13/16, 1:27 pm

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

I'm sorry for your husband's loss, and for the difficulties you've described.

It is still possible that he will be called as a witness by the D.A., the defense, or both. Courts routinely order potential witnesses not to attend the trial, so that their testimony won't be influenced by what they hear in the courtroom. That is a valid exercise of the court's authority, and does not convert a public trial into a closed proceeding.

The D.A. can't exclude anyone from the courtroom, but she will almost certainly ask the court to do so and the court will almost certainly agree. It may have made the order already. Once your husband has been identified as a potential witness and that order is in place, he will have to obey it.

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Answered on 4/13/16, 4:44 pm


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