Legal Question in Criminal Law in California

How awful. I'm so sorry for what happened to your son, and for what you and the rest of your family must have been through.

The answer to your question is that confessing to a crime outside of court is not the same thing as pleading guilty in court. If the defendants have pled not guilty, then they must be given a fair trial. Unless they change their plea (which could well happen), to convict them without a trial would be unconstitutional.

If the case goes to trial, the prosecutor will need to prove the defendants' guilt beyond a reasonable doubt. Their confessions will probably be admissible but, for a variety of reasons, would likely not be enough to support a conviction. The prosecutor will need to present other evidence, both of what happened to your son and of the defendants' role in causing it. Your son's testimony is likely the best evidence available for much of what the government will have to prove. That's why they want him to testify.

He will have to appear if properly subpoenaed, unless he has a *very* compelling reason why the court should excuse him. Even then, he will have to properly ask the court not to make him testify.

Since I don't know what other evidence the prosecutor has, I can't begin to say how important your son's testimony might be. If he somehow is excused from testifying, the remaining evidence -- including the confessions -- might not be enough to prove the defendants' guilt beyond a reasonable doubt. If the jury is not persuaded, then it will find the defendants not guilty and they will go free.

If your son feels he shouldn't be forced to testify (whether due to the stress involved, because he fears retaliation, because he has something to hide, or for other reasons), he should consult with experienced defense counsel about his rights.

Good luck.