Legal Question in Criminal Law in California
Victim doesn't show up in court after being subpoena
I am being charged with Grand Theft from an ex-employer. The amount the employer says I took does not agree with the deocuments submitted to the court. So the court has subpoena my ex-employer to come to court to verify amounts. My question is what happens to my case if my ex-employer does not show up in court? Does the state proceed without thiere testimony or does my case get postponed or dismissed ? Please if anyone can help me I go to court in 2 weeks and I would like to kina have an idea of what to expect.. thank you
4 Answers from Attorneys
Re: Victim doesn't show up in court after being subpoena
If you are defending yourself without an attorney, and aren't familiar with the court proceedures and evidence rules, you are probably not going to have a very good outcome at trial. I suggest you reconsider that decision. Contact me if interested in hiring counsel.
If a witness you subpeonaed does not appear, you can ask for a continuance and ask the court to enforce its order of subpeona by forcing the person to come to court. If you didn't subpeona the witness, you have no right to complain. The DA will pursue with what he has.
If you want to hire counsel, feel free to contact me.
Re: Victim doesn't show up in court after being subpoena
Don't you have a lawyer to answer these questions? Who "submitted the information to the court"? What kind of proceeding is coming up? If it is a jury trial, yes, the prosecution has to prove its case and unless you confessed they will have to have someone swear under oath that you did this crime. If it is a preliminary hearing, the prosecution may get away with having a "reading officer" read the police report into evidence. But at the trial they still have to put on real witnesses or other sworn evidence, because you have a constitutional right to "confront and cross-examine" your accuser(s).
Re: Victim doesn't show up in court after being subpoena
To prove the case against you the prosecution will need to have someone testify about the loss and authenticate any documentation that substantiates the loss. I would be happy to talk to you about your case if your case is in the San Francisco Bay Area. If you have a lawyer, you should raise questions with her so that you have a clear understandig about what the evidence is against you. Good luck.
Re: Victim doesn't show up in court after being subpoena
The other attorneys have correctly stated the procedure. You need to be represented by an attorney in this case. Retain an attorney to represent you and discuss this with the attorney.
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