summonsed to court to be a witness?

Question

i have been summonsed to court to be a witness is there any way at all to get out of it please help

Answer 1

As is so often the case the devil is in the detail and what we need to know is 'why do you want to get out of it?' I suspect you have given a witness statement to the authorities, normally the police, and because they suspect or already know that you are reluctant to attend the hearing willingly they have been granted a witness summons to ensure your attendance. This often happens in situations where the witness is a source of evidence against a person they know well or are frightened of eg a battered wife v her abusive husband, etc. If a person ignores a witness summons the judge can issue a warrant for the non attending witnesses arrest, so it goes from bad to worse.If I'm any where near the real reason I suggest you speak to the investigating officers. Tell them frankly of your concerns. Perhaps a family or witness liaison officer will be available with various options, including a friend or officer to attend with you for moral support. being kept in a separate room until called in to give evidence thereby avoiding waiting contact with the defendant, visits before hand to the court to be shown the layout and procedures etc etc. An unwilling witness can still be asked questions by the prosecution side and be treated as an 'hostile witness' which in effect includes getting you to acknowledge the truth of your earlier statement or risk perjury or contempt if for whatever reason you turn against what you initially said. Please seek help from the prosecution team.

Answer 2

Firstly, Apologies...I am one of those people who warn out for court!

But this is the official line of where you stand

As a witness you can't withdraw a statement. Only a victim can withdraw, this is called a CDtoP. If you think about it, you can't witness something, give a statement and sign it as a true document, then when called to court, say you didn't see it, because its inconvenient.

So what happens if you say you won't attend?...we will ask you why ... if its because you are seriously ill, then we will ask for a letter from you GP or specialist stating that you are unfit to give evidence now or in the future.
We will also send a problem up to the lawyers so that they are aware.

If you say you don't want to go and you aren't...without any excuse, we will request a witness summons and this will be served on you by a police officer.

If you offer a reason for not attending on the day in question, we will again send a problem up to the lawyers and await their response, they may send us an advice for more details from you.

If your problem is childcare then we can offer help with costs and accessing childcare for you duration in court. We may be able to offer standby arrangements, where you give us a contact number and we will send a taxi to pick you up for court and take you back after you have given your evidence.

Thats just a few of the issues...you need to discuss any problems with your witness care officer.

Now for the rough bit...if you fail to attend court and you have been served a summons by the police to attend..you are liable to arrest and also to be sent to prison for contempt of court.

I would suggest you contact your WCO as soon as possible, good luck we are there to try and help you, but please bear in mind we are there doing a job also and sometimes what we have to do is not pleasant but has to be done.

In essence, as a member of the public like yourself I want to see justice done, but if you have been a victim of crime, you expect it and as the thinking is No Witness...No Justice!

Answer 3

If you are told to attend court, that is exactly what you do, or risk being arrested and taken to court. However you can speak to whoever needs you there (defence or prosecution) they may be able to release you from attending, but this will have to be OKed by both parties first. Just remember one thing, they are asking for you for a reason, there is a person on trail, you may be the difference between a guilty verdict and and an innocent verdict. If that was you, would you want them there.

Answer 4

If you are the complaining witness in a criminal case, probably nothing. If you are a witness as such, and were properly served (48 hours notice, tender of $5 and 10 cents per mile), you can be punished by the court for contempt with a fine or short jail sentence. In a civil case, if you fail to attend, you may be liable to the party summoning you for damages if their side loses due to your failure to appear.

Answer 5

If you have already given a statement to the police you could withdraw that statement; however before doing that you should think of the consequences of your actions.

If you do not testify, is a guilty person likely to walk free to commit further crimes? Could you live with your conscience if this were to happen?

If you are concerned about your safety if you do testify then contact the police, explain your concerns, and they will try and do whatever possible to protect you.

Answer 6

Only the attorney who subpoenaed you can excuse you.

Once there, you might be able to get out of testifying by claiming a privilege, such as marital privilege, depending on the rules of evidence in your state. Or, you could refuse to take the oath, in which case you would probably be held in contempt and jailed.

Answer 7

If you have been summoned to testify in court then you have a legal, civic and moral duty to do so.

Answer 8

if you are a witness you owe it to who ever needs you to get up and be heard. been there too many times, it is not that hard. good luck

Answer 9

There is always a "white lie", remember its not a LIE. its a nice "white lie". Perhaps some sort of fake emergency you have to attend to opposed to the summons. Just a idea my friend ;).

Answer 10

no chance if you dont go thay will issue a warrent for your arrest
best go