QUESTION
Can the prosecution call a hostile witness in a criminal defense trial?
Asked on Jun 29th, 2011 on Criminal Law - New York
More details to this question:
The accused does not want to take the stand. But she is also a witness to the crime of which she is accusing her father, cover-up of a crime. Can the prosecution call her as a hostile witness to that crime?
19 ANSWERS
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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If you are a defendant you can not be called as a witness by the prosecution without your agreement.
Answered on Jul 11th, 2013 at 2:31 AM
Yes they can unless she is invoking her right against self incrimination.
Answered on Jul 05th, 2011 at 11:19 AM
Yes, the prosecution can call a witness who does not wish to testify.
Answered on Jul 05th, 2011 at 11:14 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Generally, not in the same trial. And if the testimony could implicate her, then she should take the 5th amendment It is best to have her attorney go over the details and to plan how to raise any objections to testifying.
Answered on Jul 05th, 2011 at 11:02 AM
Michael J. Breczinski
If the testimony could incriminate her in a crime then no she cannot be made to testify. This question is very fact specific an you should consult with an attorney.
Answered on Jul 01st, 2011 at 10:38 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Of course. Thats what subpoenas are for. She can hire an attorney to try to help resolve this. If she is serious about doing so, and if this is in SoCal courts, feel free to contact me.
Answered on Jul 01st, 2011 at 9:06 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The State can NEVER call a defendant to the stand to testify. The choice of whether or not to testify in a criminal case is the defendant's alone. Even her lawyer is supposed to do as the defendant instructs (after being admonished by the lawyer.)
Answered on Jun 30th, 2011 at 12:26 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Yes, a prosecutor can call a witness that does not want to cooperate; however, the prosecution cannot call a witness with the sole intention of impeaching them.
Answered on Jun 30th, 2011 at 12:22 PM
Absolutely not. She is protected by the 6th Amendment from being a witness against herself.
Answered on Jun 30th, 2011 at 12:10 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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She can be called as a witness to someone else's crime if it is charged in a different case. However, if her testimony would tend to incriminate her in her case, then she can plead the 5th, which means she would not have to testify as to those issues.
Answered on Jun 30th, 2011 at 12:10 PM
She may be able to be called as a witness but that does not cause her to lose her 5th Amendment right against self incrimination. If her testimony would implicate her in a crime she can refuse to answer based on her 5th Amendment rights. She should seek legal counsel to assist her in this matter.
Answered on Jun 30th, 2011 at 11:55 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The accused can never be made to take the stand in their own trial. That decision is up to the defendant and the defendant alone. If the accused is also a witness in another case and another trial, then the prosecutor can call that person to the stand. The prosecution can subpoena anyone except the accused.
Answered on Jun 30th, 2011 at 11:50 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. If subpoenaed, she has to take the stand. When she does, she is free to answer or not answer the questions as she sees fit. The best advice is for her to contact her own lawyer before being subpoenaed or called as a witness.
Answered on Jun 30th, 2011 at 11:31 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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A defendant cannot be forced to testify at her own trial but can at someone else's. It is possible that she can invoke the fifth amendment at her father's trial but you didn't give enough facts.
Answered on Jun 30th, 2011 at 11:24 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends, if she has criminal liability she may assert a right to refuse questions. She should consult a lawyer.
Answered on Jun 30th, 2011 at 11:22 AM
Business Law Attorney serving Oakland, CA
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Law Office of Alanna D. Coopersmith
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There is nothing stopping the prosecution from calling a hostile witness - any party can call any witness, even a witness who does not want to testify. However, when a person is called to testify, and and her testimony could incriminate herself, she can assert her Fifth Amendment privilege against self-incrimination and refuse to answer the question.
Answered on Jun 30th, 2011 at 11:22 AM
The DA cannot call the defendant to the stand. This would be a violation of the fifth amendment.
Answered on Jun 30th, 2011 at 11:19 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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She has a right not to incriminate herself, but she can be forced to testify about matters that she witnessed if it does not incriminate her.
Answered on Jun 30th, 2011 at 10:39 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You need to run these questions by her criminal defense lawyer, and if she does not have one give us a call to discuss retention of our office.
Answered on Jun 30th, 2011 at 10:18 AM