Q: I witnessed a crime, and the individual has been charged. Now the D.A. has served a subpoena on me to testify in court, but I have a lot of apprehension doing so. The guy was violent, and he has “buddies.” Am I required to testify, can they force me to do so?
S.J., Orange
A: Before I respond to your inquiry, let me ask a few questions: Have you talked with the D.A. about your concerns? Could they at least provide an entrance and exit to the courtroom that might at least limit some of your concerns? Is there a mechanism by which information about you might be scaled back so the accused (and his buddies) cannot get to you? Could the D.A. enter into a plea bargain with the accused, and you thereby avoid having to participate at trial?
Now, if the subpoena was validly served on you, it provides the court with authority to hold you in contempt if you do not cooperate (eg., do not show up or refuse to testify). A bench warrant could be issued for you if you fail to appear, and a fine and/or imprisonment might be meted out if you decline to testify.
There are some exceptions, however, to having to testify: (a) If doing so would incriminate you, or indicate you were complicit in committing a crime, and/or (b) If providing testimony would violate the terms of a confidential and privileged relationship recognized by law (eg., attorney-client; and/or (c) You can establish (or someone on your behalf can demonstrate) you are not competent to testify. Other than these limited exceptions, you are expected to testify. If you are sufficiently concerned about doing so, consultation with qualified counsel is advisable.
Q: I was served with a subpoena to give a deposition. I really do not want to do this, as it interferes with work. If I have to go, do I get paid anything?
C.R., Gardena
A: A deposition is a question-and-answer session, with you the witness under oath. Often nowadays you can do it remotely, if that helps. A court reporter transcribes the proceedings (which…
Read the full article here
