Legal Question in Criminal Law in California

I received a subpoena to be a witness in a case. My position in this case is very small. I know both plantiff and defendant in this case but I have very limited information on them.

The lawyer and investigator is trying to have me defend her client but I informed them I know very little.

I was put on telephone "standby" for this trial.

My question is if I don't show up because I do not wish to be part of this trial because I don't know anything or because there is a "conflict of interest" since I know both sides, will I be punished for this?


Asked on 4/11/14, 11:46 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

A subpoena is not a social invitation that you can decline. If you fail to appear, the court can send deputies to find you and bring you in. You won't be able to decline their invitation either.

You can speak with the lawyer (or party) who issued the subpoena and try to persuade them not to make you attend. But if they don't budge and you were properly served, you will have to appear.

Your information might be very important to the case for reasons you don't recognize. And while the fact you know both parties might make the situation awkward for you, even extreme awkwardness is not a conflict of interests.

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Answered on 4/11/14, 12:06 pm
Anthony Roach Law Office of Anthony A. Roach

If you don't show up you can be arrested and brought to court and then punished for not showing up.

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Answered on 4/12/14, 9:09 am


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