Legal Question in Criminal Law in California

Testifying will get us killed

How do we stop from having to take the stand in the court room to be safe?

We have been subpeonaed and testifying may lead to bodily harm or possible death; the offenders know where we (the witnesses) live and we fear that they may come after this is all over to harm us. We have told the District Attorney about our fear but he says we still have to testify anyway.


Asked on 5/08/07, 11:27 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Testifying will get us killed

I would like to clarify and supplement my previous response to this question. The LawGuru Adminstrators chose to delete my previous response, which read merely, "Die standing up," which is a line from the movie, Red Dawn. The meaning of this line is, if you are going to lose your life, a fate which we all will someday suffer, it's better to go down fighting.

To elaborate, sometimes we as human beings and citizens are called upon to do the right thing regardless of the consequences. If you disobey the subpoena, you could be subject to a fine or jail time for contempt of court; and the bad guys will be free to again terrorize you -- and other people. The thing criminals and mobs fear most are honest citizens who are willing to testify despite the risks. Of course, the risks you face are real, these risks have historically deterred many people from testifying against criminals, and I am not going to second-guess your decision.

However, freedom isn't free, and many brave Americans have fought and died for it. As Patrick Henry said on March 23, 1775: "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!"

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Answered on 5/10/07, 4:10 pm


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