California Private Investigator Practice Exam

What should you do if a witness refuses to sign a declaration?

1. Let them go without action

2. Inform them of the possibility of a subpoena

3. Press them to sign under duress

4. Seek a third party to convince them

The correct answer is: Inform them of the possibility of a subpoena

If a witness refuses to sign a declaration, informing them of the possibility of a subpoena is a strategic and lawful approach. A subpoena is a legal document that orders a person to attend a court proceeding or produce evidence. By making the witness aware that their testimony may be compelled through legal means, it emphasizes the importance of their cooperation and the seriousness of the process. This approach ensures that the witness understands their role and potential obligations in the matter at hand. It is pertinent in investigative work to establish a sense of responsibility, and mentioning a subpoena helps create that awareness without applying undue pressure or coercion. Using options that may exert pressure, such as signing under duress or seeking a third party to convince them, can undermine the integrity of the process and potentially lead to legal ramifications, including challenges to the validity of the statement. Similarly, simply letting them go without action would not serve the investigative needs or responsibilities, neglecting the importance of their testimony.