Legal Question in Criminal Law in California
theft/burglery
my ex boyfriend has filed charges against me from california, and i now live in illinois. the det. said that he has 3 eye witnesses stating they saw me, and i have 3 that can verify where i was at the time this was to have occurred. will they subpeona me from ca to here?
2 Answers from Attorneys
Re: theft/burglery
If there are charges filed, it is unlikely that you would receive a subpoena. What is likely is that a warrant would be issued for your arrest. Arrest warrants can have various limitations, such as being only good in the state or county of issue, or be valid nationally or internationally. The nature of the warrant depends on how serious the crime is, and if the issuing authority wants you to return to their jurisdiction. You should consult attorneys both in Illinois and Californis on issues of extradition from Illinois and the nature of possible charges in California.
Re: theft/burglery
They will not subpoena you but will issue an arrest warrant against you IF charges are filed and if you do not appear here in California on your designated court date. (This applies if felony charges are filed - misdemeanors can be handled by attorney alone without defendant's presence).
This situation calls for an "intervention" by a skilled and diligent attorney to make a full fledged attempt to nip the situation in the bud so to speak and dismiss investigation/possible charges for lack of insufficient evidence. Otherwise, lack of involvement by someone on your behalf might result in filing of serious charges.
Feel free to give me a call to discuss if the case is in Southern California.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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