West Covina, CA asked in Criminal Law for California

Q: If i see a fight involving a gang member and I'm told to testify, do I have to? I'm worried about my safety.

Related Topics:
1 Lawyer Answer
Diane C. Bass
Diane C. Bass
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: If you are served with subpoena to testify at at trial or other proceeding this is a court order. If you fail to obey the order you will be held in comtempt and could go to jail. However, if you are simply being asked by law enforcement to testify, you can explain your concerns and there is a good possibilty that they will not force you to testify. Often times, esepcially in federal cases, the agents can offer you protection. I would suggest that you talk to the prosecutors and make sure they understand your situation. Most of the time they will understand.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.