I was served on tuesday to tesityfy against someone next tuesday (10th). Wednesday that person had a motion and pleaded no contest to the charge I witnessed. Now he has sentencing on the 31st of july. My question is, do I still have to testify against him next tuesday?
2007-07-04 20:04:34 · 8 answers · asked by cartmanliz 2 in Politics & Government ➔ Law & Ethics
You shouldn't have to since the case is decided, but check with the court or the prosecutor anyway. There may be a sentencing hearing at which the prosecutor would want you to testify.
In any case, if you have been served, go unless the court tells you otherwise. The morning you waste is beter than a contempt citation.
2007-07-04 20:20:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you were ordered to appear, you must be in court at the appointed time. If called to the stand you must testify.
If he has entered an Alford plea nobody will likely be called to testify at trial though you could be called to testify for the sentencing phase. Since he's pleading No Contest, check with the DA or Prosecuting Attorney and see if they still need you in court. If he's allowed to change his plea, the case would go to trial and you may still be needed.
2007-07-04 20:13:23 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No, you don't have to testify. No contest pleas mean the person is pleading guilty without requiring evidentiary proof. Since he effectively pleaded guilty already, you do not have to appear and testify against this person. If you wish, however, most courts will allow you to show up for the sentencing.
2007-07-04 21:58:32 · answer #3 · answered by aironique 2 · 0⤊ 0⤋
If you were served you still have to show up unless told otherwise by the judge, but since he has pleaded no contest, you will not be called to the stand, as there will be no trial, just sentencing.
If you don't show up, you could face failure to appear/contempt of court charges. If in doubt, call the courthouse to verify.
2007-07-04 20:09:02 · answer #4 · answered by j3nny3lf 5 · 2⤊ 0⤋
No, you do not need to testify. But you do still need to show up, because he can withdraw his plea. If you are asked to show up to court, you need to do so unless instructed otherwise. If he doesn't withdraw his plea, the judge will dismiss you.
2007-07-04 20:14:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
As he already pleaded guilty, there is no need of testifying. As he is not contesting the charge Procecution is not required prove the charge. 'Any charge which is not contested is deemed to be admitted'. As the case is closed there is no testification required.
2007-07-04 20:10:03 · answer #6 · answered by sandy_llb 1 · 0⤊ 2⤋
Check with the prosecutor's office that sent the subpoena. The information is usually on the subpoena. They will tell you.
Likely no testimony is needed but sometimes you may be needed so he does not withdraw his plea.
2007-07-04 20:10:47 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes you do unless you get a new paper saying the Judge has cancelled
2007-07-04 20:13:46 · answer #8 · answered by MrCool1978 6 · 0⤊ 0⤋