What should I do if being subpoenaed to be a witness? 7 Answers as of May 31, 2011

My boyfriend, who does not have his 4th, was arrested outside my apartment for meth. The officer found it on the street and then they came to my apartment and searched it and found a meth pipe. I am being subpoenaed as a witness for the DA. For what? My boyfriend said because they want me to say the pipe was his, which it was not, when they ask me whose pipe it is. I do not want to incriminate my boyfriend of myself or my friend, whose pipe it was. What should I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Comply with the subpoena or face contempt of court penalties. You could refuse to answer questions that tend to incriminate you by taking the 5th. Talk to the DA.
Answer Applies to: California
Replied: 5/31/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
I can't blame you for not wanting to have to testify. It can be stressful and intimidating. Never the less, if you were properly subpoenaed you are compelled to appear. A failure to appear could lead to contempt charges. However, you might not have been served properly. Often the DA's office will mail subpoenas and simply ask you to verify receipt. You don't need to serve yourself. In order for the service to be valid you should be personally served. Even if you were validly served you have a right to be represented by counsel. Consult with an attorney.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You should get your own attorney to protect you when you are on the stand.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You will need to respond to the subpoena. If you do not wish to testify you will need to hire an attorney as to your other duties and rights regarding such matters.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
If they want to make life hard for you, they will threaten you with contempt if you do not testify. So, you should call them, be nice, convince them that you will not be a valuable witness for them, and try to get off the hook. Good luck.
Answer Applies to: California
Replied: 5/26/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Since you are subpoenaed, you really don't have a choice but to take the stand and testify. And, you cannot remain silent on the stand (5th amendment) unless what you say may incriminate yourself. However, it is important to note that mail subpoena's are not valid unless you respond to it. For example, if you get something in the mail that says call the DA, and you do, then the subpoena becomes valid. If you don't respond, they have to personally serve you in person in order for it to be a valid subpoena.
    Answer Applies to: California
    Replied: 5/26/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You should show up and plead the 5th and not answer any questions.
    Answer Applies to: California
    Replied: 5/26/2011
Click to View More Answers: