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What if I forgot statements I made to investigators over two years ago and I am subpoenaed by the DA to testify as a witness?

Citrus Heights, CA |

{CA Superior Court, Criminal Trial, Murder and attempted murder,} I gave statements and answered questions during interrogation at PD by homicide detectives apprx. 7-10 days after crime occurred, involving 5 suspects, 2 that I know personally. However, I've been an alcohol and substance abuser for over 40 years and am currently under doctor's care (out patient) and am currently taking medications for mental illnesses and behavioral-related issues stemming from childhood. Lack of, and lapse of memory, and distorted thoughts are symptoms related to, and complicated by, long-term alcohol and substance abuse, four decades of major depression, complicated grief symptoms, and PTSDS (Post Traumatic Stress Disorder Syndrome) and, even more so when all of these factors are compiled together.

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Attorney answers 4


If you are subpoena then you must attend and tell the truth. You must let the subpoenaing party know the info that your provided here. If the opposing side is trying to meet with you, it is your option whether such a meeting will occur. But, if such a meeting does occur then you should let them know what you just said here. In addition, if you are called to the stand you may wish to let the judge know before testifying. If you don't believe you can do this on your own, you may consider retaining an attorney to assist you.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


You don't need that long complicated explanation. Just say in response to questions whose answers you don't remember "I don't remember." That's enough. The DA may try to refresh your recollection by showing you records of past statements but if you don't remember saying them just say that. You don't have to prove your a lunatic.


If you've been subpoenaed, go to court and tell the truth.


With these charges I am going to predict that the prosecutor will provide you with your prior statement and make contact with you before trial. As my colleague has answered, if you don't remember, say so, you may get your statement handed to you for you to read and refresh your recollection. Remember your oath to tell the truth and you should be ok. If it is bothering you call the Prosecutor now ahead of trial so there are no surprises.

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