Can a state prosecutor subpoena an out of state witness?

Factual Questions
1

Can a witness wiith no property or job within a state be subpoenaed and forced to testify at a trial?

I know there are extradition agreements between states for suspected criminals.

A person is driving through a city and witnesses a DUI car accident. The witness continues driving to his home residence in another state. (Other people were at the scene and rendering aid.) Someone gets the witness’ license plate number.

Can the prosecutor compel that witness to testify at trial? What enforcement powers are there?

Who pays for travel, hotel costs and lost wages?

2

Posting because I’m curious about the answer to this.

If I were the one subpoenad for such a purpose, I’d politely tell the prosecutor that I didn’t see anything, and if her state is keen to compel me to testify, I’d plead the 5th. I’m not missing work over something like this.

3

NY was successfully able to subpoena Ivanka to testify in the recent trial against Trump Organization despite her not being one of the parties to the suit & her living in FL for some number of years & having school-aged kids to get ready every day.

4

There’s a uniform law (i.e., a template for a law adopted in identical form in different states) for this. Here is more than you’d ever want to read about it, from the National Association of Attorneys General.

5

I suppose one issue would be whether you ever planned on being in that state in the future? Is there a tatute of limitations for ignoring a subpoena?

6

The importance of rhe case is probably a factor. The Trump NY trial needed Ivanka and they retrieved her from Florida.

I haven’t heard much about this legal issue before.

My dad got a speeding ticket and had to pay before continuing his trip. They knew he lived in a different state.

7

What about being in the same state but very far away. Say you lived in Buffalo, but they wanted you for a trial in New York City. You certainly couldn’t get there and back and testify in one day.Would they need to pay for transportation and lodging?

8

That’s not how the Fifth Amendment works.

9

It’s probably going to depend on jurisdiction. In my state, witnesses get a certain amount per mile (except for travel within the same city) and a daily witness fee. ( Not paying the fee when the subpoena is served voids the duty to appear). I don’t have any experience with witnesses overnight lodging, but I didn’t see anything that says the party calling the witness is required to pay for a hotel.

10

That is a trick used in California for traffic tickets. By law you can request your traffic infraction case to be in the county seat of the county you got popped in. So you get lit up at the Nevada state line on the 15 you ask for the case to be in San Bernadino 180 miles away and hope the cop doesn’t think it’s worth the trip to testify.

11

When I was still working I thought I heard of something called Governor’s Warrant that, if the Governor in the other state was agreeable, could be used to compel an appearance.

12

Governor’s warrants are for extraditions.

13

Quick summary: the prosecutor from State A consults with a prosecutor from State B, and they make a formal request for State B to summon the person to State A, which is then decided by a judge from State B. And they provide all necessary travel and lodging.

14

Thanks everyone. Hopefully I won’t be in this situation. I’d cooperate if told by a local DA or judge.

15

and if they dont show up its a bench warrant …how I know is my dad never attended the child support hearings the LA county DA invited him to attend in the 22 years he received them so if he ever came to CA hed be arrested and compelled to attend

now if it was for a felony they’d of had the local force arrest him and have a hearing to send him here