If you testify (during examination or cross-examination) and do not wish to answer a question, you must tell the judge that you are not ready to answer the question and why. A witness who does not want to testify could be ignored by the court and could be subject to arrest, imprisonment, daily fines, etc. until he agrees to testify. You are required by law to appear as a witness in court if you have received a subpoena or subpoena related to a trial. You do not need a lawyer to appear in court as a witness. However, if you have questions about your legal obligations or concerns about the evidence you will present to the court, you should speak to a lawyer before the trial. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. The costs of legal advice and representation vary from provider to provider depending on the experience and scope of services. Your refusal to testify may result in the court dropping the case. The police officer has nothing to lose; the victims suffer from the cause, so do not punish them by your act.
In addition, police cannot provide third-hand evidence of what they found; the trial depends on the witness. Testimony would incriminate you yourself – Under the Fifth Amendment, you have the right not to make evidence that could incriminate you yourself. In most cases, you can invoke the Fifth Amendment, which legally allows you to refuse to answer questions. Today, this right has been challenged by state and federal prosecutors. If you`re considering using it, you should talk to a federal criminal defense attorney in San Francisco, California, to find out what might happen as a result. If you object to answering a question, the judge will decide whether you should answer the question. If the judge decides that you cannot rely on a “privilege,” you must answer the question. If you do not, you will not consider the court and you risk being detained. Ask the lawyer who subpoenaed you if you are eligible to ask for help with witness expenses. Witnesses who are required to appear in court in a community outside their home community may receive assistance with the costs associated with travel to another community. If you have been subpoenaed by the Office of the Attorney General (Crown or CPC), please contact the Civilian Witnesses Travel Coordinator at 867-669-6900. It is for the court to determine whether the privilege of self-incrimination can reasonably be invoked.
The test set out in R (SCC) v. Bolton Magistrates Court is whether there is a “reasonable reason to understand a real and tangible danger to the witness in relation to the ordinary operation of the law in the ordinary course of things, and not a danger of an imaginary or insignificant nature”. A witness who refuses to answer a question based on self-incrimination privilege, no matter how harmless (p.B. “Do you know the defendant or the complainant?”). Were you present at the scene? “) no fair excuse is likely to be found. You cannot refuse to testify as a witness in court simply because you do not want to testify; it has consequences. Before you refuse to testify as a witness, you should consider playing a role reversal. You would pretend to be the victim, a witness is nearby. Now the witness shows up, and you are happy that he is making a statement to win the case. But the witness refuses to make a statement. You may lose your case because of the witness`s refusal.
Testimony is given in open session, which can make it extremely uncomfortable for a reluctant witness to be confronted with a public gallery made up of people who may be associated with the case. The court may decide to exclude members of the public if there are exceptional reasons for doing so in the interests of justice, e.B. if the presence of the public would compromise the quality of the testimony. If you receive a subpoena, you should arrange a break from work and someone to take care of your children while you are in court. .