Subpoena Information

People v. Defendant Name	CRIMINAL SUBPOENA
Office of the District Attorney Team Name 2100 Tulare Street FRESNO, CA 93721	DA Case Number: ##-###### Court Case Number: ########## Agency Number: ##-######
THE PEOPLE OF THE STATE OF CALIFORNIA TO:

You are commanded to appear on Hearing Date in Department Number of the Fresno Superior Court Downtown Division of the Superior Court of Fresno County at 8:30 AM as a witness in a criminal action prosecuted by The People of the State of California against Defendant Name in Court Case Number ######.

Given under my hand this Date.  Lisa A. Smittcamp, District Attorney
Attorney Name, Assigned Deputy District Attorney

Witness Instructions:   Appearance Mandatory   

Contact the District Attorney’s Office at Phone Number as soon as possible.  You will then receive further instructions.  Failure to contact our office upon receipt of this subpoena may necessitate additional action.

Hmong voicemail: hais lus Hmoob, hu rau (559) 600-4408.

INFORMATION FOR VICTIMS AND WITNESSES

(Victims and Witnesses living outside of Fresno County, please note the information at the bottom of this page.)

You have been subpoenaed to appear as a victim or a witness in a criminal case. When you testify truthfully and fairly, you perform an important function in seeing that justice is accomplished. The following information is intended to familiarize you with courtroom procedures and assist you in testifying. If you have any questions after reading this, please contact the assigned deputy district attorney listed on the first page of this subpoena. We sincerely appreciate your cooperation and assistance.

LISA A. SMITTCAMP, District Attorney

WHAT IS A SUBPOENA?  A subpoena is a Court Order directing you to appear as a witness. You may receive your subpoena by mail or in person. It has the date, time, and location of the hearing as well as the defendant’s name and case numbers. If you have moved or changed telephone numbers, please call the District Attorney’s Office to update your contact information.

WHAT KIND OF HEARING IS THIS?  In misdemeanor cases, you may only be required to appear for the Jury Trial. In a felony case, you may be required to testify at a Preliminary Hearing before a Judge, and then you may also be needed to testify at the Jury Trial, which can be held within 3 months of the Preliminary Hearing. If a defendant pleads guilty, a trial will not be held, and you will not be needed to testify.

WHAT WILL BE THE PROCEDURE?  One of the fundamental rules of a criminal case is that both the prosecution and the defense can question the victim or witness. The Deputy District Attorney who calls on you to testify will question you as to the specific facts within your knowledge, meaning what you saw or heard. After this examination is completed, the defense attorney will have the opportunity to ask you questions relating to the same set of facts. Questions asked by both sides are directed toward achieving one goal – to determine the truth.  Don't let cross-examination upset you. The defense attorney has the right to test your memory and knowledge of the relevant facts. It is only natural for two or more persons to see and remember an event with some small differences. Your memory may be clear on certain facts and not as clear on others. All you need to do is to honestly testify from your own knowledge and memory about the event in question as accurately as possible. Attorneys may ask you about prior statements you made to police, statements by other witnesses, records they have obtained, reports in the media, any emails or texts you may have written, or information on Facebook or other social media sources.

HOW SHOULD I TESTIFY?

1. Be truthful.  Do not exaggerate your testimony.
2. If you do not understand a question, ask that it be repeated or explained.
3. Do not volunteer information.
4. Do not guess.
5. If attorney objects to a question asked by another attorney, wait until the judge tells you whether to answer the question.
6. Try to avoid distracting mannerisms such as yawning, nail biting, laughing, or facial expressions like eye rolling, etc.
7. Never answer a question when you are angry.  It may diminish the impact of your testimony.
8. Be yourself. The Judge, the jury, and the lawyers are human and appreciate sincerity.

ANYTHING ELSE I SHOULD DO?

1. Keep in contact. Please inform the District Attorney’s Office of your current address and phone number (or a “message” number if you do not have a phone).
2. Court scheduling. To avoid unnecessary court appearances, please call the District Attorney’s Office the business day before the court date to make sure the case is still scheduled. Sometimes circumstances require re-scheduling.
3. Questions. You may contact the Deputy District Attorney assigned to the case at any time if you have questions. He or she can keep you advised as the case progresses.

WHAT HAPPENS AFTER THE TRIAL OR GUILTY PLEA?  The defendant will either be found guilty or not guilty of a crime. If the defendant is found guilty (or enters a plea of guilty), they will be sentenced. You are not required to be present at the sentencing hearing; however, you may attend the sentencing if you wish. The Judge may impose any or all of the following sentences: prison, jail, probation, a fine and/or restitution.

HOW DO I GET TO THE PROPER COURT DEPARTMENT?  The address of the Court where you need to appear is located on the first page of this subpoena. Adult cases are typically heard in the Main Courthouse located in downtown Fresno at 1100 Van Ness Avenue.  Juvenile matters are typically handled at the Juvenile Courthouse located south of downtown Fresno at 3333 East American Avenue. Once you enter the courthouse, proceed to the Department where the matter is scheduled to be heard and check in with the Deputy District Attorney or the Bailiff.  The Hearing Department is listed on the first page of this subpoena.

AM I REALLY NEEDED?  YES, YOU ARE. If you are a victim or a witness to a crime, your assistance is vital to our system of criminal justice.

OUT OF COUNTY WITNESS ONLY.  Please contact the District Attorney’s Office upon receipt of this subpoena. Provide our staff with your Driver's License or ID number for verification, and the telephone number(s) you prefer to be contacted at.

Should the court date you have been subpoenaed for be continued or vacated, a courtesy call will be made to you advising you that you need not appear in court on that date. If you have not received a call from our office by the day prior to the date on your subpoena, call the District Attorney’s Office to ensure the case has not been called off and appear as directed.

TEXT / EMAIL NOTIFICATIONS.  The Fresno County District Attorney’s Office now offers text and email updates on the status of your case.  Those who have been identified as a victim or witness will receive notifications about key developments such as court dates, case updates, and changes to your case status, all delivered straight to your phone or email.  Our goal is to ensure that all involved parties are aware of what is happening in their case and what rights may be available to them.