Legal Question in Criminal Law in California

Re: Supoenas

Yes, he can subpoena the witnesses.

And yes, the D.A. can tell your friend that he will go to trial unless they reach a plea agreement. After all, why would anyone accept a plea agreement if they weren't otherwise going to trial? The case is moving toward trial whether the prosecutor mentions it or not, so there is nothing improper about saying so to your friend and urging him to enter a plea in order to avoid the risk of a more substantial conviction or a longer sentence.

Your friend should have a lawyer working for him, and the lawyer is surely aware of these facts.

Re: Supoenas

from the facts given so far, you should be able to subpoena any reliable witnesses who have firsthand knowledge of your case, even if such testimony represent a "negative identification" as indicated in your question. further, the DA plea bargaining with you, being your own counsel from the sounds of things, is proper court procedure. thus, the DA is entitled to speak with you and reasonably "threaten going to trial with your case" if probable cause exists to do so and the trial is ultimately going to happen regardless unless a plea bargain is met.

thus it is STRONGLY in your BEST interests, especially based on the severity of the charges you are facing, that you consult and retain an attorney quickly! you could end up hurting your case far more than you can imagine without one, even in the early stages. further, you may want to strongly consider a private attorney rather than a public defender in this matter. if you would like a free phone consultation, email us with your contact information today.