2007-06-06 22:03:38 · 8 answers · asked by jmattiace29 1 in Politics & Government ➔ Law & Ethics
A subpoena is a court order telling you, in most cases, that you have to do just that, testify in court.
If you refuse, you can be arrested for contempt in court, and the judge will let you rot until you change your mind.
2007-06-06 22:07:16 · answer #1 · answered by Anonymous · 1⤊ 1⤋
O.K. enough of this silliness.
First, a subpoena is an order to APPEAR only unles it specifically states in the subpoena to "Appear and to give testimony".
If the latter, you cannot be forced to testify if by doing so you will incriminate yourself. If this is a Grand Jury case, then you can avail yourself of the 5th amendment against incrimination but ONLY at the VERY beginning of the questioning.
Once you answer one question, you no longer can avail yourself of that protection. Also, if the prosecutor grants you immunity for any admissions during the hearing and you continue to not testify, you CAN be held in criminal contempt and jailed for as long as the Grand Jury is in session.
If this is a REGULAR criminal trial, and you feel that the testimony will imcriminate you in any way, you need to speak with a local attorney. Once you refuse to testify you can be cited for obstruction or accessory after the fact depending on the exact facts or the prosecutor can just give up and send you packing.
One thing the court CANNOT do is jail you for an undetermined amount of time as the Grand Jury may do. If you are found in contempt you still have all due process rights afforded to all persons.
2007-06-07 03:01:10 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
IF subpoenaed in a criminal trial not only do you have to show up but you have to speak when expected too. the only exemption to this that I am aware of,is if your testimony would implicate you in crime,whereas you would plead the 5th,which is your right to remain silent.It might be a possibility that you would be offered immunity from and charges against you in exchange for your testimony.otherwise you would most likely be held in contempt of court and fined or jailed indefinitely,till you testified or the trial was over
2007-06-06 22:12:14 · answer #3 · answered by grizzly 4 · 1⤊ 1⤋
A subpoena compels you to appear in court to testify. If you do not testify, you can be held in jail indefinitely until you do. You can plead the 5th amendment if your testimony will incriminate you. However, if you are granted immunity by the prosecution, your 5th amendment rights are moot, and you must testify.
2007-06-06 22:11:43 · answer #4 · answered by Drew 2 · 1⤊ 1⤋
Short answer: YES.
Otherwise, the judge will issue a warrant for your arrest, and you will go to jail.
If you're worried about incriminating yourself, you should retain a lawyer for advice and remember that you can always take your Fifth Amendment right against self-incrimination (assuming you're American). But if you haven't done anything wrong, then yes. You must answer.
2007-06-06 22:08:59 · answer #5 · answered by Patrick 3 · 2⤊ 1⤋
Yes.
The only time you cannot be compelled to speak is if you might incriminate yourself in a crime by giving testimony. You can "Take the fifth" or "plead the fifth" because that's the constitutional amendment that protects you from being obliged to incriminate yourself.
Otherwise, you have to be there, and you have to testify.
P.S. That's if you're in the U.S. ;)
2007-06-06 22:08:17 · answer #6 · answered by rbanzai 5 · 1⤊ 1⤋
Plead the fifth amendment and you don't have to speak unless the court grants you immunity from prosecution.
2007-06-07 01:14:11 · answer #7 · answered by Monk 4 · 0⤊ 0⤋
No, but if you don't, you will be held in contempt of court and jailed for as long as the judge feels like.
2007-06-06 22:07:41 · answer #8 · answered by Caninelegion 7 · 0⤊ 1⤋