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Subpoena Law

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armdude2000

Junior Member
What is the name of your state? California

Hi, I wanted to know what the rules are for not obeying a subpoena. I'm actually asking this on behave of my neighbor. About six months ago, he was witness to a gang related shooting. He was walking down a local street with his "friend" when a man came up to them and shot and killed his friend. They were specifically targeting his friend for something he did, so my neighbor was able to run away unharmed. My friend knew who the guy was and told the police. Now apparently they found the guy and have subpoenaed my neighbor to testify against him. He does not want to testify because they know where he lives (NEXT TO ME!) and he is afraid of retaliation against him and his family. I have known my neighbor for over 10 years now. He is a good kid, but he was born into a 'gang family' and associates with them. So now he is stuck between a rock and a hard place. If he talks, he might end up getting shot himself. If he doesn't, they are threating to give him at least six months in jail. I really feel bad for the kid, but on the other hand "you ride with them, you die with them". So my question is: Is there anything he can do?

Thank you,
ArmanWhat is the name of your state?
 


CdwJava

Senior Member
Hi, I wanted to know what the rules are for not obeying a subpoena.
Comply or risk being charged with a crime and arrested.

He does not want to testify because they know where he lives (NEXT TO ME!) and he is afraid of retaliation against him and his family.
He can certainly bring his concerns up to the DA, but this alone will not absolve him from testifying.

If he talks, he might end up getting shot himself.
This happens far more often in the movies than in real life. In my years working gangs, I can count on one hand the number of times retaliation against otherwise uninvolved witnesses actually occurred.

If he doesn't, they are threating to give him at least six months in jail. I really feel bad for the kid, but on the other hand "you ride with them, you die with them". So my question is: Is there anything he can do?
He can go to court or risk jail. I have been ordered by a judge to bring witnesses and victims to the court, and sometimes to jail until they offered testimony. So, it can happen.

He needs to speak to the DA so the DA understands the dilemma.


- Carl
 

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