Legal Question in Criminal Law in New York
r
if im on probation in newyork,and i was issued a subpoena.to apper to talk to D.A in westchester ny.and he claimes he cant come to the city to talk to me , but claimes he wont tell my p.o anything. should i trust him
2 Answers from Attorneys
Re: r
Be careful. First of all, a DA cannot subpoena you to come to there office to talk. The only place a DA can subpoena you is to appear in court to testify as a witness or to appear before a grand jury. There is no such thing as a subpoena to appear in the DA's Office to talk. Second, I would not go unless you know what the DA wants to talk about because anything you say can be used against you and they will NOT have to read you your rights because you are not in custody. Third, although I don't know anything about the facts of the case, I would not go without consulting a lawyer first and having a lawyer present.
DA's subpoena
The DA cannot subpoena you to merely question you. He/she can only subpoena you to a grand jury proceeding or a trial to question you. If they're having you brought to an office, say NOTHING and demand your attorney be present.
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