Legal Question in Criminal Law in California

Subpoena Question

I have received a subpoena as a witness to a crime in the state of California. The report I filed was anonymous and I have been subpoenaed as John Doe. I do not want to testify against this person as I do not agree with the charges brought against the person by the state in this specific case. I was the victim of this alleged crime and did NOT press charges however the county is pressing charges against the accused. I know a subpoena compels me to testify, however what legal rights do they have to charge me with contempt if the subpoena is for John Doe and my statement to the police was anonymous?

Thank you


Asked on 10/16/08, 1:32 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Subpoena Question

If you received the subpoena by mail, and you were not served personally, you might want to consult a lawyer on whether the subpoena is legally binding on you.

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Answered on 10/17/08, 11:18 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Subpoena Question

You accused someone, and this person was criminally charged and probably arrested, his or home searched, bail and attorney fees posted, and, since criminal defendants have the right to confront and cross-examine accusers, you are being subpoenaed as a witness. All of these natural consequences of your actions seem to come as a surprise to you. As of now, you have no legal rights whatsoever except the right to sit in the blue chair and tell the truth.

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Answered on 10/16/08, 1:47 pm


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