El Monte, CA asked in Contracts and Domestic Violence for California

Q: Can a witness give public defender information to help defendent before court

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: YES

Robert P. Cogan agrees with this answer

David Michael Lehr
David Michael Lehr
Answered
  • Domestic Violence Lawyer
  • Ventura, CA
  • Licensed in California

A: A victim of Domestic Violence can often help the defendant out by NOT helping the DA. Normally, you can be put in jail for refusing to testify. In Domestic cases, the judge cannot do it.

See California Code of Civil Procedure section 1219:

(b) Notwithstanding any other law, a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime.  Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor.  All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code .

*Be warned however, the judge can still put you in jail if your do not go to court after being served with a subpoena. Talk to a good attorney before making your decision.

Good luck!

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