QUESTION
Does a material witness/victim have to testify if the suspects are associates and life is threatened?
Asked on Aug 27th, 2012 on Criminal Law - Michigan
More details to this question:
I am a victim of robbery. Upon being served a subpoena and refusing to testify, I have been served with material witness warrant. I have been jailed for three days already in the same place where the suspects are. I wish not to testify. They are saying that I have no options. I need to know how to fight for me not to testify. I cannot put my life and family in danger.
15 ANSWERS
You need to hire an attorney to represent your right in this.
Answered on May 29th, 2013 at 10:25 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
Yes.
Answered on May 22nd, 2013 at 5:47 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
You have not right not to testify. See if you can get relocation assistance from the DA or victim-witness assistance.
Answered on Aug 30th, 2012 at 5:43 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
A witness can be subpoenaed and compelled to testify. That is what is going on now. If that creates risk to you, then request the prosecutor and judge take action to issue a protection order or put you into witness protection.
Answered on Aug 30th, 2012 at 5:42 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Get an attorney to help you. You have the right to an attorney who can assist you in this process. Demand to speak with one.
Answered on Aug 30th, 2012 at 5:42 PM
You have to testify unless what you say can implicate you criminally, in which case you can exercise the 5th Amendment privilege.
Answered on Aug 30th, 2012 at 5:42 PM
Tell cops you NEED protection because of the threats. Did you TELL the cops about the threats? If you go to jail . . . they'll attack/injure you IN jail OR they'll attack your family as you're not there to defend them. Why not testify then MOVE?
Answered on Aug 30th, 2012 at 5:42 PM
You have to testify but a lawyer might be able to help
Answered on Aug 30th, 2012 at 5:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Get your own attorney as have the facts explained to the prosecutor. Ask for protection for both you and your family.
Answered on Aug 30th, 2012 at 5:42 PM
Criminal Defense Attorney serving Cherry Hill, NJ
at
Law Offices of Richard Sparaco
Update Your Profile
You should explain to the prosecutor and judge that you are afraid of retribution from the defendants if you testify against them.
Answered on Aug 30th, 2012 at 5:41 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You need to hire an attorney, now. Don't wait. The state can force you to testify or place you in jail with the people who committed the crime against you, as they have already done.
Answered on Aug 30th, 2012 at 5:40 PM
Leonard A. Kaanta
Yes, you have to testify.
Answered on Aug 30th, 2012 at 5:40 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Retain an attorney to help you with the district attorney
Answered on Aug 30th, 2012 at 5:39 PM
Michael J. Breczinski
You have to let the police and the court know about the threats. They should move you. Yes you have to testify.
Answered on Aug 30th, 2012 at 5:39 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
It is your public duty to testify. Tell the prosecutor of threats against you and your family. As a practical matter, if threats against you and your family, no one would hold it against you if your memory of the event was gone or severely impacted.
Answered on Aug 29th, 2012 at 10:03 AM