QUESTION
Am I compelled to testify against someone after I was served with a subpoena for a murder trial?
Asked on Jan 14th, 2012 on Criminal Law - Arizona
More details to this question:
I am the only one who can identify a murder suspect who is in a street gang. Am I compelled to testify against a street gang member after I received a subpoena to testify against them in a murder trial? I was charged with a DV charge in Arizona years ago and no longer have my 2nd amendments rights to protect myself against thugs like this. Is there a way to keep from testifying?
2 ANSWERS
4 Awards
Having conducted many homicide trials I can confirm that you are in a difficult spot. Legally you are required to comply with the subpoena, a court order. So at minimum you must appear at court for the scheduled trial when you are set to testify. Whether you can refuse to testify in part or entirely, based on your Fifth Amendment Rights, depends on the circumstances which you don't list in your question (and you should not). You need or should consult counsel directly and in person rather than discussing in a public forum like this.
Answered on Jan 27th, 2012 at 3:35 PM
You need to clearly advise the prosecutor of your concerns. If you fail to appear, you can be arrested and detained for 72 hours and/or held in contempt for not complying with a court order to appear. I have both had witnesses detained and dealt with witnesses placed into witness protection. Again, clearly advise the prosecutor of your concerns.
Answered on Jan 27th, 2012 at 3:34 PM