Legal Question in Criminal Law in California

Hi I already posted a previous question but i have realized that their are more questions to go with my last post. I was given a suponea to have to testify in court saying that i was a witness/victim in a violent crime. I have no idea what they're talking about though. They're trying to say that i witnessed the defendent being violent towards another person as well as towards me. I did not witness any such acts nor was I a victim in any violent crimes. If the other "victim" in their police report or written statement that they filled out only wrote my first name (im not the only person in this county with my name) and where I worked in the reports is that enough for them to hone in on me and say that i was the one that was there and that I was the other victim? Also if the other victim testifys in court and says that I was there even though I wasnt how will they determine whos telling the truth? and if they favor the other victim can I get in trouble for not having the same story as the other victim even though I wasnt there? When the police and criminal investigators were trying to find me to give me a suponea they started showing up at my two residents and my old job trying to find me how is it that they could optain information on where my residents were? Also the da is trying to say that i have to give a written statement as well as testify even though that was not stated on my suponea the only box mark on my suponea was that i have to attend the hearing. So do i have to give a written statement also? And when I was given my suponea the person who served it to me did not fill out the back where it says proof of service. Did the person who served it to me have to fill out the back before they give me the suponea to make the suponea valed or do they have a different/other copy of the suponea that they send to the courts? thank you I would greatly appreciate an answer.


Asked on 1/17/12, 12:39 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have to appear and testify. While I have not read the subpoena, I doubt that you are also required to give a written (or oral) statement to anyone.

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Answered on 1/17/12, 1:01 am
Anthony Roach Law Office of Anthony A. Roach

The proof of service is for the court, not you. If you have been served with a subpoena, you need to attend. You may want to consult with an attorney before going, but do not quibble over it. Someone has been accused of a crime, and your testimony has been deemed important by someone, either for what you witnessed, or even what you did not witness. If you were falsely accused of something, wouldn't you want witnesses to show up and testify that you didn't do what you were accused of? Or would you hope that they would weasel out and fail to show up?

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Answered on 1/17/12, 7:26 am


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