Question for criminal defense attorneys

Asked about 1 year ago - Newport Beach, CA

I am the owner of a store that was the recepient of a NSF check, or a bad check, however you want to put it. Anyway, two detectives came into my store and asked if I would cooperate with the investigation and file a report and appear in court to testify at the preliminary hearing. I said I did not want to prosecute or have anything to do with the case. Can they legally force me to cooperate?

Attorney answers (5)

  1. Gary Ralph Ilmanen

    Contributor Level 19

    15

    Lawyers agree

    1

    Answered . They can subpoena you to appear as a witness. Why not just cooperate?

    I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a... more
  2. Sholeh Iravantchi

    Contributor Level 15

    11

    Lawyers agree

    1

    Answered . Yes, they can subpoena you and you must attend the court. Unless there are other reasons, such as incriminating yourself on stand, you need to testify. In such a case, then you need to have an attorney.

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Yes. They can subpoena you to appear in court. That is a court order requiring your appearance. Once in court, the judge can order you to testify. Unless some privilege applies (like self-incrimination), you don't have any right to not obey a lawful court order to testify.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  4. Corey Wlodarczyk

    Contributor Level 4

    6

    Lawyers agree

    Answered . Yes, they may compel your appearance if the prosecutor's office files a subpoena. If a judge orders you to answer a question while you are under oath, you must answer honestly. Unless a privilege applies allowing you to refuse to answer a question, you have to answer the questions. But if you don't want to negatively impact the defendant's life for the alleged crime, you can always offer to testify on the defendant's behalf at the sentencing hearing as well, supposing that the prosecutor does move forward with serving you with a subpoena.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. Timothy M. Smith

    Contributor Level 8

    4

    Lawyers agree

    1

    Answered . If you are properly served with a subpoena, it is a court order that requires you to come to court. Having said that, in 22 years of practice in North Carolina I have never seen a prosecutor ask for, or a judge issue, a show cause order for failing to appear on a simple worthless check.

    The information provided in this response is offered as a public service. It does not create an attorney/client... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,181 answers this week

3,195 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,181 answers this week

3,195 attorneys answering