Legal Question in Criminal Law in California

Re: witness testimony

Dear Inquirer,

Consider the following in response to your multi-faceted question:

Your question began ......

If a minor of 12 is subpeona to a preliminary trial as a witness and possible victim of domestic violence,........

Q1-You asked.....can she be questioned by the DA and the defense attorney without the presence of a parent even if the only parent is also subpeona to be called on as a witness and possible victim of the same event concerning domestic violence.

A1-Response is .......Yes as to direct and cross examinations by both attorneys. Particularly, since the parent ias awitness; then parent should not be allowed to be present for the juvenile's testimony (and vice-a- versa. Perhaps the judge may appoint an attorney to counsel the child and act on child's behalf during questioning.

Q2- You asked.......Must the DA provide ample warning of the questions asked of the minor,

A2- Response is......Aside from the subpeona disclosure of the specific questions is not required. Perhaps, if motioned to do so and good cause exist; then the judge may fashion such an order....given there is "good cause."

Q3- You asked......and if the parent can not be present then can the parent request that someone else be present during questioning.

A3- Response is...... See above regarding judge possibly appointing an attorney).

Thanks for letting me be of service.

QSimms