QUESTION

Can I be made to provide evidence to who committed the crime if I was there but did not commit the crime myself?

Asked on Aug 27th, 2012 on Criminal Law - New Jersey
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19 ANSWERS

It depends. If you are a suspect or if you think you may be a suspect yo u have a right to remain silent. If you are being sought as a witness you do not have any right to remain silent, unless you think they may suspect you. Tell the police that you want a lawyer and you will not speak without a lawyer present.
Answered on Sep 05th, 2012 at 10:16 PM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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There is no duty to cooperate with police. Also, if you were there, you can assert your 5th amendment rights to not give any statement, as there is always the possibility that the DA will decide to file on you no matter how innocent you are.
Answered on Sep 05th, 2012 at 8:36 PM

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DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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A person is not required to provide information to the police other than their own identification. If a person is called to testify in court they could be required to answer questions truthfully or be held in contempt of court.
Answered on Aug 30th, 2012 at 12:38 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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You can plead the 5th and refuse to testify unless you are granted immunity and then forced to testify.
Answered on Aug 30th, 2012 at 8:44 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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I would need more information to answer this question. You certainly have the right not to incriminate yourself. However, withholding evidence that will not harm you can be an obstruction of justice charge. You should have a lawyer who can advise you specifically on this. It is an important issue.
Answered on Aug 29th, 2012 at 11:33 PM

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Always: NEVER TALK TO THE POLICE without your attorney present. Tell them you want an attorney and then SHUT UP.
Answered on Aug 29th, 2012 at 11:28 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Witnesses can be subpoenaed and compelled to answer on threat of contempt.
Answered on Aug 29th, 2012 at 11:27 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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No, you do not need to provide evidence to the police when you may well be a suspect. The 5th amendment. You never have to talk to the police.
Answered on Aug 29th, 2012 at 10:06 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Possibly. You could be held on a material witness warrant in an attempt to make you testify.
Answered on Aug 29th, 2012 at 8:55 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You may be compelled to be a witness.
Answered on Aug 29th, 2012 at 2:38 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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You can be subpoenaed to testify at trial.
Answered on Aug 29th, 2012 at 2:32 PM

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Leonard A. Kaanta
No, unless you have deal with the prosecutor, you need an attorney.
Answered on Aug 29th, 2012 at 2:11 PM

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Michael J. Breczinski
It depends on whether the testimony would incriminate you in the crime. You should sit down with an attorney and discuss all the details first.
Answered on Aug 29th, 2012 at 12:41 PM

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Criminal Law Attorney serving Boulder, CO
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Possibly, but it would take a court order or some kind.
Answered on Aug 28th, 2012 at 10:00 PM

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John Patrick Yetter
You could be subpoenaed to come to court and required to testify unless you have some privilege.
Answered on Aug 28th, 2012 at 9:47 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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You can be called as a witness.
Answered on Aug 28th, 2012 at 11:02 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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Yes. You can be held as a material witness. A court can compel your cooperation or hold in civil contempt until you cooperate. As well, your failure to cooperate can well be a crime, ala, Martha Stewart and countless others.
Answered on Aug 28th, 2012 at 10:56 AM

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If what you mean by evidence is "your mouth," then you will have to testify in court if you are subpoenaed. But you do not have to speak to law enforcement outside of court, unless you choose to. One exception to your testimony in court is the 5th Amendment, where if what you say could incriminate yourself in another crime, then you can "take the 5th" and remain silent on any given question the answer of which could incriminate you.
Answered on Aug 28th, 2012 at 10:38 AM

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Gary Moore
If you are not a codependent and only a witness, of course.
Answered on Aug 28th, 2012 at 10:37 AM

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