Can witness testify at a criminal trial voluntarily if they also live with you or do you have to subpoena them as well?

Asked about 2 years ago - Coolidge, AZ

Do you have to subpoena witnesses that the State may call, even though they live with you and saw what happened as well? My mother, girlfriend and possibly my grandmother were witnesses that the State listed they may call on my Pre Trial Order, because I am pro se and can't afford any way possible my own attorney and can't be appointed one due to the fact I am not facing imprisonment. My girlfriend and mother who were witnesses and gave police witness statements, do I have to subpoena them or can they come voluntarily? Sorry if that's a repeat question. Any advice will be a great help. Thanks.

Attorney answers (4)

  1. David Kephart

    Contributor Level 14

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    Answered . It appears that you are representing yourself and you've posted several times regarding your case. If you call me tomorrow after 5pm, I would be happy to give you a free consult and answer any questions you may still have. Hopefully I can give you some guidance on how to represent yourself.

  2. Kyle Green

    Contributor Level 10

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    Answered . You aren't required to subpoena them as witnesses. If they are willing to come voluntarily and they have been disclosed as witnesses, they can testify with or without a subpoena.

  3. Craig S Orent

    Pro

    Contributor Level 17

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    Answered . Ditto. You don't new to subpoena them as long as you know they will appear.

  4. Richard Bruce Rosenthal

    Contributor Level 12

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    Answered . If they are willing to come no subpoena is necessary. A subpoena is simply a method of compelling a witness to appear and testify.

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