Legal Question in Criminal Law in California

Re: Subpoena for Criminal Case

Probably not. Testifying is often a hassle, and we have subpoenas to make sure people show up despite the inconvenience. This includes mothers of small children. The court and/or defense counsel may be able to help you make child care arrangements, so I suggest calling them to see what they can do.

That you only know the defendant via the internet doesn't matter. Neither does the fact that you don't think you should testify. Your belief that you have proof of the defendant's guilt is also irrelevant.

What matters is that defense counsel thinks your testimoney will help establish reasonable doubt. It sounds like you tried to persuade her not to make you testify but she wasn't convinced. The only other way you could get out of testifying would be by order of the judge, and nothing you have said suggests that you have good cause to be excused.

It is possible that the subpoena is defective or was served improperly. If so, you may be able to defeat it on that basis. I have no reason to believe either of these things happened, and even if one or both did you would need to bring a formal motion. Showing up and testifying will probably be easier.

Remember that you may someday be the one on trial. When that day comes, you will want witnesses who can prove your innocense to be in court even if being there is inconvenient for them. Obeying a subpoena is part of the price we must sometimes pay for a justice system what will ensure due process for us if we are ever charged with a crime.