HOW CAN I AVOID GETTING A SUBPOENA OR GOING TO COURT?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption