Legal Question in Criminal Law in California
i have been subpoena to court to testify against my x fiance what are my rights if i dont want to testify
2 Answers from Attorneys
You have the right to be paid witness fees and mileage. If you don't comply with the subpoena, the court can issue a warrant for your arrest and force you to appear. If you refuse to answer questions, you can be held in contempt. You have the right at that point for appointment of an attorney, to seek a writ of habeas corpus to determine whether you should be held.
More importantly (than Mr. Roach's partially incorrect answer), there is a law in California that allows you to refuse to answer any questions in court WITHOUT being put in jail for contempt of court. This is not something that you'd want to attempt without a lawyer. If you'd like to talk to me about this further, please don't hesitate to contact me. Steve Mandell [email protected] 310 393 0639
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