Can I be forced to testify in a case I was a victim in? Can the D.A. subpoena me and make me give an account of what happened?
Yes they can subpoena you to testify.
However, they will make sure they know what you are going to say.
If all they want you for is to identify whether a person was there or not, then it would be hard for you to avoid. However, if they want your prejudicial description of what transpired, a reluctant witness may not give them what they want.
Yes they can force you to be there. No they can't force you to say it in a particular way.
you'll become a defendant. If you might have been doing something questionable - consult with an attorney.
If you disobey a subpoena the judge will probably issue a bench warrant for you. The police will immediately start looking for you and if they find you quickly they will bring you to court whether you want to go or not. If they don't find you quickly they will find you later and you will have problems you don't want.
Once you are on the witness stand you will have to answer the questions asked by all the attorneys. Saying "I'd rather not talk about it" is not an option. If you're planning to say it anyway, bring a toothbrush.
If you think testifying will expose you to criminal liability, consult with a lawyer. If you can't afford one, call the public defender's office and they will explain what you need to do. Once your lawyer knows about your situation you will still have to testify, but you may want to take the Fifth on some questions and your lawyer will tell you what you need to do.
I have reason to fear gang retaliation up to and including death...if you get my meaning. Please save all the talk about witness protection though ok?
I was in a similiar situation once. Some drug dealer wanted to have sex with me and the police were more interested in proving that he sold a little bit of drugs than he was an abusive person who could kill my family when he got out of jail. I just started having a conversation with my self in front of witnesses and let them think I was crazy. I became an unreliable witness due to mental anguish.
It worked for me. I wouldn't tell the police that you refuse to be a witness b/c that may cause you legal trouble but if you were raped or mugged by this person, you may be allowed to go crazy.
Don't testify if you are uncomfortable b/c the police don't care about you. Do stay away from this person and any associates he has but be discreet. If you used to hang out with a gang, go to college, visit a sick aunt...just avoid him and where he hangs out and hopefully he will leave you alone
best wishes
email me if you want a shoulder to cry on
FYI: Durring discovery, the lawyers will interview you under oath first. That way, they will have some idea of what you will say if they call you as a witness. You have to respond to a deposition supoena also.
In my prior post, I did not imply that you would lie under oath. What I meant is that your interpretation of events may be different depending upon whether you are cooperative or not. For instance, in a custody case, I was asked if I knew if someone was married. I said that I did not know it as a fact. In truth, the person told me they were married, but I did not attend the wedding, and I had never seen a marriage certificate. If I was friendly to that side, I would have said Yes (based upon all outward appearances: held themselves out as being married, etc).
As a victim, you may be asked if the person "threatened" you. That is a subjective interpretation of the situation, and you can answer a lot of different ways.
Tokei's wrong about the deposition. Depos are a normal part of civil cases, but your language about the D.A. and about being the victim tell me this is a criminal case. Depos in criminal cases are rare, and witnesses are routinely subpoenaed for trial without having been deposed.
You also should be very careful about following Tokai's advice when you are testifying. He took some liberties with the answers he described and he could have gotten himself into real trouble. The question "Do you know that X is married" does not mean "Did you attend the wedding or read their marriage certificate." If you want to play games like that then you can deny knowing almost anything except your own existence. After all, I can't be 100% sure that I am sitting in front of a computer and typing this message (I could be halucinating instead). People try to do this sort of thing all the time and it is usually obvious that they are being evasive.
Lawyers and judges are good at getting information out of reluctant witnesses. They will make you sit there while they continue asking questions to chip away at your position. If you don't become more cooperative the judge can hold you in contempt and jail you.
Tokai suggests treating this as some sort of game, but that's not how the other people in the room will see things. The D.A. is prosecuting this case because he believes the defendant is a threat to society. Defense counsel is trying to pretect his client's freedom. The court is trying to make sure both that the defendant gets a fair trial and that the D.A. can present all the evidence he can muster within the rules of evidence. They will not be patient with witnesses who aren't taking the process seriously.