Q: Do you absolutely have to testify as a witness if you get subpoenaed?
I read that if you do get subpoenaed that it is against law to not go and testify. But is there anyway even if I go that I HAVE to answer there questions. And if I’m able could I write a letter to states attorney and judge about how I feel the defendant would benefit better from serving jail time and get other letters for the defendant to show his character or what would better help him in the long run? Instead just sending him to jail.
A:
If you were personally served with a subpoena you must appear. Personal service means someone handed you(or someone in your household) the subpoena and you signed for it. Sending a subpoena through the mail is not personal service.
If you were personally served you must appear in court. As to whether you can be forced to testify. If your answers would incriminate you, you may assert your 5th Amendment rights and refuse to answer the questions. You may also ask the court to appoint an attorney to advise you on this issue.
You are free to write a letter to the State's Attorney's Office expressing your wishes for the outcome of the case, however, that does not eliminate the requirement to appear in court if subpoena'd. The State's Attorney isn't bound by your wishes and may proceed in the prosecution regardless of your opinions on what you wish the outcome to be.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
