I need Some Legal Advice ASAP

[thefuturecounts]

hi i reside in california. About 2 years ago, i helped someone i thought was a friend rent a car because he didn't have a credit card with him. 1 day later the cops came to my house and said the car was used for a robbery and told me that this guys is dangerous and all (things i didn't know). 2 years after i get a call from the DA saying i'm going to get a subpoena and i have to testify. I told them i don't want to, but the DA said i have no choice. I'm being forced and i don't know anything about the laws here, i'm from africa. I'm scared of the guy and i don't want to testify. Do i have to? Don't i have a right to freedom of speech? Don't i have the right to say, sorry i'm scared for my life, if they say this guy is what he is.. then i don't want to aggravate him.. pls someone help me with answers.

"Do i have to?"
Yes.

"Don't i have a right to freedom of speech?"
Yes...there are limits, of course.

"Don't i have the right to say, sorry i'm scared for my life, if they say this guy is what he is.. then i don't want to aggravate him...."
Yes.


Speaking as a former prosecutor, I would not want you as a witness since I would be afraid you would get on the stand and say that you did not remember anything.

Since you can never get in trouble for saying you cannot remember anything, I (as a prosecutor) would look pretty silly in front of the court if you got on the stand and said that you did not remember anything.

I would feel even sillier if you had told me before you got your subpoena that you could not remember anything.

Memory is such a slippery concept.

[CdwJava]

Originally Posted by thefuturecounts

hi i reside in california. About 2 years ago, i helped someone i thought was a friend rent a car because he didn't have a credit card with him. 1 day later the cops came to my house and said the car was used for a robbery and told me that this guys is dangerous and all (things i didn't know). 2 years after i get a call from the DA saying i'm going to get a subpoena and i have to testify. I told them i don't want to, but the DA said i have no choice. I'm being forced and i don't know anything about the laws here, i'm from africa. I'm scared of the guy and i don't want to testify. Do i have to? Don't i have a right to freedom of speech? Don't i have the right to say, sorry i'm scared for my life, if they say this guy is what he is.. then i don't want to aggravate him.. pls someone help me with answers.

The flip side of this coin is that you COULD be charged as his accomplice ... you rented the car and now you are refusing to dime him off. The DA has leverage if he chooses to use it.

If you refuse to testify you can be charged with contempt. if you refuse to answer the subpoena (and appear in court) you can be arrested (I've been ordered to arrest people on this before ... it makes it easy to get them in to court).

Its your choice. And if he goes to prison, he's gonna be gone. If he doesn't, how many victims will he leave in his wake ... victims that YOU might have been able to help prevent.

Also, talk to the DA again. He may be able to make the case without you ... but, the defense might argue that you were an accomplice and make hay with the fact that you are NOT testifying.

- Carl

Good one, Carl!

[calatty]

Another point is if you get on the witness stand and say you don't remember, the prosecutor can read to the jury any statements you previously made to the police when your memory was fresh, and the effect will be the same as if you testified.

"... i helped someone i thought was a friend rent a car because he didn't have a credit card with him...."

Hmmm....yep, a prosecutor sure might turn that into "accomplice"!

[nanaII]

What do they want him to testify to, that he rented a car for somebody else? He can't be implicated if there is nothing to implicate him for. What could they possibly ask him on the witness stand? He said he didn't know anything about what the guy did with the car once he handed it over to him. He would not be lying about anything. Unless there were witnesses who can testify that the person renting the car was at the scene of the robbery, I don't see how he could get into trouble. Other than confirming that he rented the car, the rest of his testimony would consist of.. "I don't know". I don't know how he would be of benefit to a prosecutor.

[Shay-Pari'e]

What do they want him to testify to, that he rented a car for somebody else? No, that HE rented the car! Are you as brain dead as your son?

He can't be implicated if there is nothing to implicate him for. What could they possibly ask him on the witness stand? He said he didn't know anything about what the guy did with the car once he handed it over to him. Where is IAAL when you need him? What drugs are you on?


He would not be lying about anything. Unless there were witnesses who can testify that the person renting the car was at the scene of the robbery, I don't see how he could get into trouble. Other than confirming that he rented the car, the rest of his testimony would consist of.. "I don't know". I don't know how he would be of benefit to a prosecutor. Too Funny. [/quote]