Do I need a lawyer present if I been served a subpeona?

Asked on January 31, 2013 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is ANY chance that your testimony will either implicate yourself or another (since if you give testimony implicating another person and that person believes it false, it's not impossible he/she could seek to take legal action against you) then you want to at least consult with an attorney ahead of time, about the case and your testimony, to understand your exposure. You may also want to have the lawyer present with you when you testify, so he/she can object to any improper questions.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have been served with a subpoena in the criminal matter that you have written about to attend trial and give testimony, you do not need to have a criminal defense attorney in attendance. However, if you have concerns as to you incriminating yourself at trial based upon answers to questions that could be submitted, it is wise for you to have your own attorney attending the hearing to protect your interests.


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