Q: Can a DA subpoena someone and then after they have testified can the DA refuse to relocate them.
Do all subpoenaed witness, have the right to ask to be relocated after they have testified against someone on a homicide case?
I was led to believe by the DA that i had to answer every question when i was up on the stand, i was never informed on having my right to plead the 5th amendment, i answered every question, even some that self incriminated me. I was even asked questions about a past sexual relationship that had nothing to do with the case or the defendant. I was completely alone at this trail, my lawyer has failed me also she has not told me anything about my rights as a subpoenaed witness or my rights in general.
A:
much more info needed.
these issues should have been discussed with you BEFORE your testimony.
you should set up an appointment with a criminal lawyer in your community.
A: When a witness is ordered to appear in court via a subpoena, they must obey that court order lest they be found in contempt of the court order. If you were provided some sort of deal with the DA's office to be put into some sort of witness relocation program, that should have been the subject of a written agreement signed by you both. If your lawyer failed to provide you satisfactory representation and advice particularly re: your rights against self-incrimination, you may consider filing a complaint with the CA State Bar. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Interesting. I would have expected the judge to appoint an attorney to advise you of your rights before testifying if you were being asked questions the answers to which could incriminate you. Certainly, more clarity on exactly what you testified to, or if there were any agreements that applied to you, would be helpful. There is no requirement to have you brought back to court but many experienced attorneys will have a witness "subject to recall" so that they can be called back to the stand to give further testimony without having to re-subpoena the witness again.
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