If I was subpoenaed to testify against a friend in a criminal case but I live with my friend’s best friend, can this be considered a conflict of interest?
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If I was subpoenaed to testify against a friend in a criminal case but I live with my friend’s best friend, can this be considered a conflict of interest?
Can I tell the DA I will not testify against my friend?
Asked on July 25, 2012 under Criminal Law, Wyoming
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
There is no such thing as a conflict of interest if you have been subpoenaed by the DA to testify in a criminal matter. If subpoenaed, you are obligated to testify. If you tell the prosecutor that you do not wish to testify, they can consider your reason(s) and make a determination, but they can also force you to take the stand and testify. In addition, they can also have the Judge order you to testify or face contempt charges if you refuse. Your best bet is to be honest with the DA and let them know your reasons for not wanting to testify and let them make a decision based on that.
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