Legal Question in Criminal Law in California

Rights of witnesses subpoenaed in criminal matters

I have been subpoenaed to testify in a criminal matter. I have moved from the area in which the murder occurred. I am the sole support of two children. My job provides no salary compensation. It is an extreme hardship to attend (400 miles away). My job is tenuous as I am new to the area. The DA in the case wants to provide me with only 12 hours notice. I have already lost $120 and a ten week contract by having someone else cover my lectures, only to have received a call saying, "no, not tommorow." And you are back on "hold." What are my rights? Is there any amount of time I can demand. I want to comply, but surely there are limits to the hardship one must endure.


Asked on 2/15/00, 9:47 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Rights of witnesses subpoenaed in criminal matters

The district attorney must pay for your transportation, and lodging when you travel to testify. Tell the DA you want your airplane ticket when you get notice that you are to appear. The cost of obtaining the airplane ticket more than once should help encourage the DA to get a trial date certain.

If you have agreed to appear without being subpeonaed tell the DA that you will no longer agree to appear without being served with a subpeona each time he wants you to appear. The subpeona is not valid after the date specified on its face unless the court orders you to be present. You must be personally present for the court order you back to court on a specified day.

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Answered on 2/23/00, 2:31 am


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