You have been served with a Subpoena
A Court Order
A subpoena is a court order which requires that you attend a court
proceeding for the purpose of giving evidence. It may also require you to
bring certain things with you if so instructed.
Do I have to appear?
If you fail to appear in court after being lawfully subpoenaed to do so,
the court may issue a warrant ordering your arrest. If arrested, you- will be
placed in custody and the court may find you in contempt of court and order
you to be jailed, fined, or both.
Will I get paid?
It is the duty of each person in this country to participate in the justice
system by appearing as a witness or serving as a juror when needed. In
criminal cases the court has the power, upon request, to pay witnesses a small
amount for lost wages or transportation expenses. Such requests should be
directed to the trial court after you appear as a witness.
Do I need to talk to anyone before court?
No one can force you to discuss this case with them prior to your
appearance in court. You have the right to refuse to talk to any party or to
request that any conversation you participate in is conducted under
trustworthy circumstances. If you wish, our office will assist you in
arranging such conferences. If, for example, law enforcement personnel contact
you about your testimony, you may refuse to speak to them or you may wish to
call the attorney named on the subpoena to ask for our assistance.
Can I get more notice?
Unfortunately, sometimes the criminal justice system moves much more
rapidly that we can anticipate. In such times we may not be able to give you a
great deal of notice because we have very little notice. The date is usually
not moveable and you must appear at the time and place noted on the subpoena.
I'm already under subpoena
Sometimes both sides in a case will subpoena a witness. A witness should
remember they are not on any "side." If "excused" by one
side, however, you still are under order from the other side to appear unless
that side also excuses you.
Who can issue?
Subpoenas can be issued on behalf of the court by parties to the lawsuit.
In criminal cases. This includes the Public Defender and its investigators as
well as law enforcement personnel. All subpoenas are equally valid.
What will happen?
Normally a subpoena gives you a place and date to appear. When you do
appear you will be placed on the witness stand and asked to swear or affirm
that you will tell the truth. You will be asked about the issues before the
court. Both sides will have the opportunity to ask you questions and the judge
may choose to do so also.
Public Defender
The Public Defender of Santa Barbara County is a law office created by the
County of Santa Barbara to provide representation for persons who cannot
afford their own attorney in criminal cases, for minors in juvenile matters,
and, for those alleged to be incompetent in mental health proceedings.
Our main office is in the Santa Barbara County Courthouse
