Legal Question in Criminal Law in California

witness in a felony drug case

I have been subpoeaned in a felony drug case by the defense. Originally it was to serve as a character witness but I am concerned about the prosecutors questions esp. re purchasing drugs, which I did. Can or should I take the 5th--I do not want to testify at all but have no choice--what can I do??


Asked on 8/11/08, 9:27 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: witness in a felony drug case

You should get a lawyer to advise you. If you can't afford one, you should tell the court you think you need the advice of counsel. Courts will usually appoint lawyers to represent indigent witnesses whose testimony might incriminate them.

Good luck.

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Answered on 8/11/08, 12:00 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: witness in a felony drug case

Yes, you have a choice. You can alert the defense counsel to this problem. Chances are he/she will not want you as a character witness if you have a history of drug use, especially when it is likely the prosecution will want to inquire into it. If counsel still wants you on the stand and is not willing to dismiss you from the subpoena obligation, you should retain your own lawyer or ask the court to appoint one for you.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/12/08, 8:00 pm


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