Can a da subpena you at pre preliminary or preliminary being a wittness

Asked over 1 year ago - Yucca Valley, CA

or ist that just for trial?

Attorney answers (3)

  1. Michael Douglas Shafer

    Contributor Level 20

    10

    Lawyers agree

    Answered . If you are a witness with pertinent information, yes.

  2. Melissa Bobrow

    Pro

    Contributor Level 7

    10

    Lawyers agree

    Answered . Absolutely. If you are a witness or are the custodian of records for pertinent documents or information related to the case. The preliminary hearing is where the prosecutor has to prove there is probable cause to have the case move forward to trial. If the defendant is "bound over" that means the judge thought there was enough evidence to send the case to a jury.

    If you believe that taking the stand can potentially get you into trouble, you should contact a lawyer to represent you as a witness. If you cannot afford one, your jurisdiction has a panel of attorneys that they can appoint to represent you. You have a 5th Amendment right not to testify against yourself, even as a witness at a preliminary hearing.

  3. Tai Christopher Bogan

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . That depends on who "you" are in relationship to the proceedings. If "you" is the accused, the defendant, then no. If "you" is a witness, then yes. Anyone can be subpoenaed to the preliminary hearing that has relevant testimony at the preliminary hearing.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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