Legal Question in Criminal Law in California

My husband has got a subpena to testify against a person who has our stolen phone. We were held up at gun point by two men. We did not see the person face that robbed us so all they want us to say is that we did not allow anyone to take our phone ect. However this person is also on trial for a shooting, I do not want my husband to go and have his face seen by the person on trial or anyone he knows. I'm really scared and want to know how we can get out of this and not be forced to do something that could end up putting us in danger. I feel like we don't have a choice in the matter when its our lives that may be in danger. PLEASE HELP!


Asked on 11/03/09, 10:48 pm

2 Answers from Attorneys

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

Was the subpoena personally served, handed to yor husband? If not, he may not have to obey it. If it was properly served, call the District Attorney and tell him or her you are in fear of your lives and will not testify without protection. Ask what can be done to protect your husband and you.

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Answered on 11/09/09, 3:28 am
Scott Linden Scott H. Linden, Esq.

You can also request a form of witness protection. Perhaps a camera deposition where yur face is not shown, although this may be injurious to the prosecution's case, your concern is your safety.

Additionally, if you can not identify the perpetrator, only provide the information that you did not authorize the use of your cell phone, then the cell records should be enough, I do not know what benefit the prsecutor has in asking you to testify in person when they can obtain all the same information through business records.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at MasterCriminalDefense.com

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Answered on 11/09/09, 1:10 pm


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