How can i refuse to testify in a criminal case? I'm the victim

John Kohler | Oct 20, 2018 | Category: Legal services

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Mitch Pomerance | Oct 20, 2018

You can never be compelled to testify in a trial or otherwise upon the grounds that your answer may incriminate yourself which is grounded in the Constitution. However, you must appear or a warrant may be issued. Thus, speak to the ADA who is handling the matter and tell them you refuse to testify. They will though attempt to discern whether you were threatened and they could obtain a material witness order which means that they could lock you up until its time for trial. Similarly, the Court may want to pose questions to you as well.

Guy Smiley | Oct 20, 2018

Sure talk to ur laywer too

A D | Oct 20, 2018

You don't have to appear in court. A subpoenaed (ordered to attend court) or summons formally notifies you about the court case. Although  you're required to appear, that really means that you're required to appear if you want to avoid a default judgment. That's the worst that can happen if you do nothing. Second, if you do appear, you cannot be forced to testify as such. You have the right to plead the Fifth to every question. A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment.

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