Legal Question in Criminal Law in California
being subpoenaed
My former neighbor recently got pulled over and the police found a gun in his car. Although I have not seen or spoken to this person in over 2 years, he told them it wasn't his and that he thought he saw the gun in my home when we were neighbors- 2 years ago. I have since been contacted by the DA, questioned, and subpoenaed to testify at his trial. I need to know what my rights are and advice as to what I will be asked in court as well as what charges I am facing if in fact its proven that the gun was seen at my house.
3 Answers from Attorneys
Re: being subpoenaed
I guess you don't watch enough TV to remember the advice "I ain't saying nothin' without my lawyer". Whether you are at risk of charges for violation of any state and federal gun storage and transfer laws depends upon the facts. If the gun is registered to you, or if they can otherwise prove it is yours, since he now has it the question is going to come up 'how'. I suggest you consult with criminal defense counsel, sooner rather than later. Feel free to contact me if serious about getting some long overdue advice and help.
Re: being subpoenaed
Best answer is to have a long conversation with your own counsel, best "guess" is the DA is not after you at all and wants to prove the defendants statements are false??? As you have spoken with the DA and they want you as a witness for them, you, through counsel, can seek protection from using what you say against you in any future prosecution of you for "whatever" crime might be involved. P.S. I have no idea how the fact that "the gun" was somewhere else two years ago is relevant to a gun in the car charge.
DJM
Re: being subpoenaed
You were extremely foolish to allow yourself to be questioned by the DA (or anyone in law enforcement). In the future say that you have nothing to say and you want a lawyer. Now that you've been subpoenaed, tell the truth. So what if it was your gun or it was once in your house. Your former neighbor is the one on trial, (although you may feel that you are the one on trial by the time his lawyer is finished cross-examining you).
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