Am I forced to go to court to testify against my offender? 4 Answers as of June 07, 2011

I was attacked and my attacker was charged with attempted murder but fearing attack I refused to press charges. Now the DA is forcing me to court to testify and refuses to help with witness protection and if I do I will be signing a death warrant and if I do not I will be charged. I worry my mom will be deported. She has been here 13 years I was born here.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If you have been properly served with a subpoena, you must go. Unless there is some exception, you will also need to testify.
Answer Applies to: California
Replied: 6/7/2011
LynchLaw | Michael Thomas Lynch
In order to be forced to appear to testify you must be personally served with the subpoena. A telephone call does not work, mailing the subpoena to you will not qualify. Once personally served you are compelled to appear. A failure to appear can leave you in contempt of court. Most DA's do not like to prosecute someone for failing to testify, they don't like to make a victim out of a victim. However, if your testimony is crucial to the case, they may make an exception.
Answer Applies to: California
Replied: 6/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
A witness must obey a subpoena and come to court or be arrested and brought involuntarily. Refusing to testify risks contempt of court sanctions, including jailing until you testify. Or if appropriate, you can exert your 5th Amendment rights to silence. All of this should be discussed and negotiated with the DA. You can hire an attorney to help you be taken seriously. Contact me if interested.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You do have certain rights as the victim which are too complex to detail here. You will need to consult and possibly hire an attorney to see how and if they apply to your case. If you cannot afford it you should contact the public defender's office in the jurisdiction the case is in and explain that you do not wish to testify and request that they appoint an attorney to advise you.
Answer Applies to: California
Replied: 6/6/2011
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