Once you have been charged with a DUI, DUI drugs, Domestic Violence, or any other crime in Orange
County, you have certain rights. One of your rights, guaranteed by the
confrontation clause of the Sixth Amendment of the United States Constitution
is the right to compel witnesses to testify at your trial. Your DUI
Attorney in Orange County compels witnesses to testify by issuing a
subpoena. A subpoena is an Order from the court, compelling the witness to show
up on a specific date at a specific time or be arrested for contempt of court.
The District Attorney also has the right to issue
subpoenas to compel witnesses to come forth.
As a criminal defendant facing charges for a crime such as theft, drug sales, or Criminal Threats, you also have the right to compel third-parties to produce records or other documentary evidence in your case. To do so, your Orange County criminal defense lawyer will issue a subpoena duces tecum. For example, if you are charged with felony DUI after consuming some drinks at a restaurant, your Orange County DUI Attorney can issue a subpoena duces tecum for the receipt showing how many drinks you purchased that night. Your lawyer can also issue a subpoena duces tecum for any surveillance video to show that you were not staggering or showing any signs of alcohol impairment.
Subpoenaing witness who live out-of-state can be done but is
a little more difficult. Say, for example, that you are involved in a physical
altercation and there is a witness who saw you defending yourself. If the
district attorney charges YOU with Corporal Injury, then your criminal
defense lawyer in Orange County can, through the Uniform Act to Secure the Attendance of
Witnesses From Without the State in Criminal Cases, request a
California judge to issue a certificate stating that the out-of-state resident
is a material witness in a prosecution pending in California. This certificate
is then presented to a judge in the appropriate county of the foreign state.
That judge can compel the witness to attend the California proceedings. The
foreign judge may first hold a hearing to determine if the subpoena should be
issued.
Witnesses who do testify are entitled to witness fees of
between $12 and $18 per day as well as reasonable travel expenses. Code of Civil Procedure Sections 1985(b)
and 1987.5. the witness fees and travel expenses are not paid by you or your defense
attorney, but are paid by Orange County.
If you face charges for a crime in Orange County, call The
Law Offices of EJ Stopyro today at (949)
559-5500 for a free and confidential telephonic consultation. Or visit us
online at www.criminalandduidefenseinorangecounty.com. We
have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072
Camino Capistrano, 2nd floor,
San Juan Capistrano, CA 92675.
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