I have received a sobpoena to appear as a witness in a criminal trial, can I refuse to appear?
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I have received a sobpoena to appear as a witness in a criminal trial, can I refuse to appear?
What are the consequences?
Asked on November 12, 2012 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A subpoena compels the person served to comply with whatever is requested in it. Accordingly, if a person is compelled to appear and testify in court, they are under a legal obligation to do so. Failure to comply is a criminal matter for which there are penalties, this includes fines and/or jail time.
However if a witness feels that their testimony may implicate criminally in some way, then that person has protection. The Fifth Amendment gives a person the right to refuse to answer any questions or make any statements if doing so would result in establishing that they committed a crime. This right is also known as the “privilege against self-incrimination”.
So while a witness may be forced to take the stand, once they invoke their right to “plead the Fifth” their testimony cannot be compelled (i.e. a witness may not be forced to answer any incriminating questions).
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