There are many reasons for this, some valid and some not. Without going into the reasons for not wanting to testify against a defendant, a legally issued subpoena is a court order to get the alleged victim or other witnesses to court.
This raises several other questions. First, what is a legally issued subpoena? In order to be legally binding, the subpoena must be legally served on the alleged victim or other witness. Second, what happens if I do not go to court despite the subpoena? To get answers, contact an experienced criminal defense attorney. The subpoena must be handed to the alleged victim personally. Addressing the first question, the subpoena must be personally served on the alleged victim or witness to be legally issued and binding.
The subpoena cannot be mailed. Nor can the subpoena be left on the door or mailbox. In some cases, the subpoena may be left with an adult member of the household. Witnesses who are required to attend court in a community outside of their home community can receive assistance with the expenses involved in travelling to another community.
When you go to court, you should bring the subpoena, as well as any documents or other items that are listed in the subpoena or that the lawyers and police have asked you to bring. If you think you will need some of the documents, you should make copies of them for yourself; as it may be a long time before the originals are returned to you.
When the trial starts, you may have to wait outside the courtroom until it is time for you to testify if the judge is concerned that listening to the trial could change your testimony. Depending on the situation, you may have to wait with other witnesses and the accused. The police and the sheriffs will be there to provide security but if you are uncomfortable being near other witnesses or the accused you should ask the lawyer who subpoenaed you if you can wait in a separate room.
When you are called to testify, you move to the front of the courtroom near the judge and the clerk has you swear to tell the truth. You must tell the truth when testifying. Lying in court is a crime called perjury , and you can be sentenced with a jail term of up to 14 years. If you make a mistake, tell the lawyer who subpoenaed you and they will make sure your error is corrected in court.
The lawyers will start with some simple questions about you and try to determine what you know about the alleged crime. Make sure your answers are based on what you actually saw and heard, and not on what you think probably happened - it's ok to say that you don't know.
Do not give opinions unless one of the lawyers asks you to. It can be difficult to testify in court; usually the accused is in the courtroom, and you could be asked questions that make you uncomfortable such as the details of the alleged crime. The judge decides whether or not you have to answer the lawyers' questions. File a motion to quash or modify the subpoena You may be allowed to file a motion to quash or modify the subpoena if you have a reasonable cause.
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A non party witness is someone that does not have a stake in the outcome of the case and is not a party in the lawsuit.
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