QUESTION

Are there options for a victim who has been subpoenaed to not testify if there is enough evidence against the defendant?

Asked on Apr 27th, 2013 on Criminal Law - South Carolina
More details to this question:
N/A
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5 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail. You may want to talk to the D.A. and explain why you do not want to testify, but it will be up to the D.A.
Answered on Apr 30th, 2013 at 2:57 AM

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Michael J. Breczinski
No the person HAS to obey the subpoena or they will find themselves in jail for contempt of court.
Answered on Apr 29th, 2013 at 8:59 PM

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Nope. Unless you fall under the 5th Amendment, which is highly unlikely.
Answered on Apr 29th, 2013 at 8:48 PM

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Litigation Attorney serving Charleston, SC at The Falk Law Firm, LLC
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If a victim receives a subpoena, the person must appear in court or risk serving time in jail for contempt. If the victim is called to testify, the victim must testify truthfully or risk being charged for perjury. The victim needs to communicate their concerns with either the prosecutor, police office or the victim's advocate on the case.
Answered on Apr 29th, 2013 at 4:12 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney with details, but generally if you're subpoenaed you are compelled to appear and can be found in contempt of court, and jailed yourself if you feel to appear.
Answered on Apr 29th, 2013 at 4:12 PM

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