When you are in court and are called to the stand do you have to speak?

Question

Do you have to speak when they call you to the stand and tell you to speak the truth?

Answer 1

Well it depends on who you are and what you are going to say.

If you are the defendant, you cant be called because you have a 5th Amendment right not to incriminate yourself.

If you are a witness, you can show up and not speak, but unless you have a constitutional reason for not speaking, you could face sanctions from the court, i.e. jail time, until you want to talk.

You hear about this happening sometimes when news reporters do not want to reveal the names of their sources.

Answer 2

Yes, except in a few exceptions.

The most common being "pleading the 5th" you cannot admit something that is self incriminating. Lets say you were in court for robbing a bank, and you are asked, "Why did you rob the bank" you can plead the 5th if your truthful answer would be, to fund the illegal gambling operation the authorities don't know about.

You can't plead the 5th because you want to keep your friend from getting in trouble. Say a friend was driving drunk, and the prosecutor asks you how many drinks your friend had, you can't plead the 5th, since it won't incriminate you, just him.

Another common time you don't after to answer questions is if they are about your spouse, you are not required to testify against your spouse. Boyfriend/Girlfriend you have to answer spouse you don't.

Lawyers, doctors and therapists cannot disclouse private conversations.

Answer 3

Yes, outside of a few very specific exceptions (called evidentiary privileges). Such as self-incrimination and confidential communications (clergy, doctor, attorney, spouse).

If you do not testify, and truthfully, you may be found in contempt, and either fined and/or jailed.

The only other general exception is that in most states (and federal courts) a spouse cannot be compelled to testify against the other spouse. This is a testimonial immunity, rather than an evidentiary privilege.

Answer 4

Yes or you can plead the 5th amendment and not reply and still be safe from going to jail for contempt of court.

Answer 5

Well, if you don't speak, you can be held in contempt of court, for which the judge might penalize you as he sees fit.

If you don't tell the truth, and they prove that, there are also penalties for perjury.

Answer 6

No, you don't have to speak. Instead of answering questions, you can elect to spend however much time in jail as the judge thinks you should. See, you do have a choice.

Answer 7

You can refuse to talk. If what you say will incriminate you then you can invoke your 5th amendment right against self incrimination.

If you are just refusing to answer or answer dishonestly you can be nailed with anything from contempt to perjury.

Answer 8

You do unless you feel the truth can convict you of a crime. A lawyer would be best to be with you and can advise you when NOT to answer.

Answer 9

You make invoke your 5th ammendment rights. The 5th ammendment states that you do not have to make statements which might tend to incriminate you. If the statements are not incriminitory to you, yes you must speak.

Answer 10

Nobody tells the truth in court.