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Criminal (murder) trial in progress in San Diego. My

Criminal (murder) trial in...

Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the validity of the "subpoena" because the witness lives in another state and no one served her with it

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California, San Diego

Lawyer's Assistant: Has anything been filed or reported?

The jury trial for the first degree murder trial is in progress right now. My daughter has been "subpeoned" to appear and testify. But the "subpoena" was only an email from a paralegal at the DA's office. Does not comply with California Penal Code Section 1330. Need to confirm, and any possible consequences if she does not attend?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

"subpoena" sent in an email March 29, the DA's office booked flight at 5:45 am. on Easter Sunday morning because they want her to be the first witness on Monday morning. We are Catholic. This is egregious.

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Answered in 2 minutes by:
3/30/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

No, she doesn't have to go. To force attendance, the district attorney needs to get a subpoena from a Kansas court and have it personally served on her. That is something they can do, but she's not under a court order to appear unless or until they do it.

If your daughter explains her religious objection to the plans made for her, it's possible the district attorney's office can reschedule the flight and plan to have her testify another day. Or they might be able to arrange for her to testify via video instead. They want her to attend, so they should be willing to work with her (especially because they have no power out of state).

She could actually hire an attorney in California to move to "quash" the subpoena. But it will have no effect on her in Kansas if she ignores it. She may have to address the subpoena if she intends to visit California in the future.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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