A friend of mine is going to court over DUI charges from feburary, his defense is going to try to create reasonable doubt by blaming it on me and saying that I fled the seen and was driving his car when the accident occured. I have been given a sopena by him ordering my to testify at the hearing, what can happen to me? and what can i do?
State/Country relating to question: California
I just was told all of this and havent gotten to talk to anyone yet.
Thank you for your question.
A valid subpoena is technically an order of the court. If you have been subpoenaed to make a personal appearance, you must appear.
So assuming the subpoena is valid, you are obligated to appear.
But you have to keep in mind that your friend has no authority in this situation. The District Attorney is prosecuting him not you.
If the evidence showed that you were driving, you would be the one facing prosecution, not him. The evidence shows that he is guilty and the District Attorney's office knows it. This is about him and his desperation, not you.
You will have to appear in court and answer questions under oath.
You do not have to answer any questions that might incriminate you. If the question is one that would tend to incriminate you for any crime, regardless of whether you are actually guilty, you can actually object to answering.
So I understand your anxiety, but your friend has no power in this situation. He is the one in trouble, not you.
The only way you could be in criminal trouble is if there was proof that you were guilty beyond a reasonable doubt. That is his problem, not yours.
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If I had been a passenger in the accident would i also be charged for DUI?
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