Legal Question in Criminal Law in California
supeona
Is there any legal way to avoid testifying once a supeona has been served?
3 Answers from Attorneys
Re: supeona
You can die, suffer from advanced alzhiemers disease, become insane, or otherwise lose your mind.
Re: supeona
On the more serious side you can petition the court to quash the subpoena. The grounds for such a motion are limited, and difficult to present to the court. Lack of proper service, or violation of a privilege, such as attorney client,
Re: supeona
Aside from physical or mental disability, the only other way is if what you would be testifying to would lead to evidence that would be incriminating to you, or if there were some sort of privilege that you held that would allow you not to testify such as if you were a priest and the questions were related to a confession you received. However, none of those things prevent you from having to show up to assert those privileges.
Good luck,