Legal Question in Criminal Law in California
Service of process
When serving criminal subpoenas upon a minor to testify in criminal court do you have to just serve the minor witness or do you have to only serve the minors parents or do you serve both the minor and the parent?
Asked on 4/14/09, 8:41 pm
1 Answer from Attorneys
Brian Dinday
Law Offices of Brian R. Dinday
Re: Service of process
The answer is in Penal Code Section 1328. Service is to be on the parent or guardian for sure, and on the child too, if 12 years old or older. The parent can be held in contempt if he or she then does not produce the minor in court.
Answered on 4/14/09, 9:18 pm
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