I was accused of ripping off a gas station, but I wasn’t there. My alibi is my ex girlfriend, because I was with her. She doesn’t want to come in and testify for me, can I make her?
Can I make someone come in to testify for me in a criminal law case?
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Answer: (1)
In most cases, you are entitled to subpoena a witness to come to court and testify against you. Generally, as a defendant, you can ask the court and the prosecutor’s office to assist you in the procedure for subpoenaing your ex-girlfriend. She will be required to testify under oath, and your attorney may be able to obtain permission to treat her as a hostile witness if she is unwilling to speak on your behalf of her own accord. This allows your attorney to ask more leading questions than he normally would be allowed to ask of a witness.
Your best course of action is to explain the situation to your attorney, who can help you take the appropriate steps in compelling your alibi to speak on your behalf.
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Posted by Christy Rakoczy on 22 Jan 2010