HOW CAN I AVOID GETTING A SUBPOENA OR GOING TO COURT?
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HOW CAN I AVOID GETTING A SUBPOENA OR GOING TO COURT?
DA’s OFFICE LEFT SUBPOENAS AT MY DOORSTEP, NOT IN MY HAND. I MAY HAVE OVERREACTED AND LIED ABOUT MY SPOUSE HURTING ME. NOW I’M SO SCARED. I DO NOT WANT TO GO TO COURT. I DON’T WANT TO HURT HIM MORE THAN I ALREADY HAVE. HOW CAN I AVOID THIS? WHOM CAN HELP ME?
Asked on February 7, 2011 under Criminal Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An attorney. Go and see one and let him or her know what you said and did FULLY (there is confidentiality). Lying to the police is a crime in and of itself. You can get in to a LOT of trouble for it. It has obviously gone way too far if you are being subpoenaed by the DA's office here to testify. And do not underestimate the power of the DA's office with regard to the subpoenas. They have resources at their finger tips for compliance. Take the subpoenas to the attorney and let him or her know how they were served as well. If they are improper they have to be "quashed." Good luck.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, you need to consult with a lawyer. If you lied to the police you can be in trouble yourself. Speak to one ASAP.
However, by way of general information - As to the issue of the service of the subpoena. The law requires personal service of every subpoena. There are certain exceptions to this rule, one of which has to do with criminal proceedings and service by mail. A criminal subpoena may be mailed if the person served is willing to tell the person who served the subpoena that he/she received the subpoena, and to identify him/herself by date of birth, driver’s license number, or DMV identification card number. Assuming proper service, the law is that once a subpoena is issued it compels the person served to comply with whatever is requested in it. If testimony is required then the person served must testify; they are under a legal obligation to do so. Failure to comply with a subpoena is a criminal matter for which there are penalties, including fines and jail time. A witness can "plead the 5th" (i.e. invoke their “privilege against self-incrimination”) if their testimony would implicate them in some way in the crime.
At this point, you really need to consult with a criminal defense attorney before this case goes any further.
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