Legal Question in Criminal Law in California

Appear in Court

I'm currently unemployed and taking time off from work. My former employer whom I left about 4 months ago is involved in a legal matter where I may need to apprear in court. Since I no longer work for that corporation I feel I am in no way obligated to do anything for them. Now word is out that they may summon me to appear in court. They don't have a way of getting in touch with me - I've since have moved and have a new number. I don't have a permanent address (just a P.O. box right now) and I may be leaving the state for a job in a couple of weeks. Can I still be legally obligated to appear in court? Will my former employer be able to find out my new number and PO box and find me? Can I be arrested and charged for some sort of crime if I make it difficult for them to find me?


Asked on 5/20/04, 5:10 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appear in Court

If you are subpoenaed to appear testify at deposition and/or in court then you have to comply. Subpoenas can be quashed by a court for good cause, but the mere fact that you no longer work for the company is beside the point. Witnesses who never had anything to do with the company can be subpoenaed, so the fact that you aren't there any more is irrelevant. Your feeling that you don't owe any obligation to the company is also beside the point; testifying per a subpoena is a legal obligation everybody must meet when called upon to do so.

Of course, all of this presupposes that you are served with a subpoena in the first place. Making it difficult for someone to find you is generally not a crime, but the company may well be able to track you down and serve you anyway.

If the company is accusing you of committing a crime against it or planning to sue you, then much of the same analysis applies. If you are found and served with papers, then you need to show up or demonstrate to the court that there is a good reason why you should be excused.

You posted this question under the heading of criminal law, which is a bit puzzling since you haven't asked anything about crimes. If the company has been accused of a crime and wants your testimony, then you should probably consult with a lawyer to find out whether there is a risk that your testimony will incriminate you.

You also should consult with an attorney if you are a defendant in the case.

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Answered on 5/20/04, 5:30 pm


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