This court hearing is for a friend of my sisters'..He was on probation when he came to a party at my house once..in this picture, it shows him holding a gun..THAT I DID NOT KNOW HE HAD...THese pictures were taken in my house, without my knowing..I was told by the prosecuting attorney that all I have to say is that it IS my house...It's goverment housing, can't i get kicked out, as it is my responsibility who is in my home (cuz of gun)..I am VERY tempted to want to refuse to answer when on the stand, in fear I may get myself in trouble...Any advice???
2007-07-10 08:59:24 · 9 answers · asked by newsweetness 2 in Politics & Government ➔ Law & Ethics
This is in Kansas City KS..Juvenile Division..
2007-07-10 09:01:57 · update #1
You generally have the right to invoke the 5th Amendment and refuse to answer self-incriminating questions. But if the judge feels that you are being unreasonably uncooperative, he can still find you in contempt, which can lead to fines or jail time until you agree to talk. Definitely go through your testimony with your own lawyer before you actually testify.
EDIT: Frankly, looking at your question again, I don't see why the prosecutor needs you to testify - records of housing and other such property are usually proveable by paperwork...
2007-07-10 09:04:12 · answer #1 · answered by noble_savage 6 · 0⤊ 1⤋
The only question you don't have to answer is one that incriminates you. In this situation, you aren't responsible for the criminal behavior of a guest in your home. Just be honest. You didn't know he had a gun, the party was in your home, he was a guest, and the date of the party (if you can remember). You don't have to volunteer any opinions about the character of the defendent, or give them any more than they ask for, but do answer their questions. Subpeonas are nothing to blow off- you could catch jail time for "Contempt of Court" if you refuse to cooperate. It doesn't sound like you know very much that could hurt your friends case anyway.
2007-07-10 16:09:31 · answer #2 · answered by Beardog 7 · 1⤊ 0⤋
No, you must answer any questions asked, unless the judge sustains an objection from one of the attorneys, or unless it touches upon an area that is privileged.
The privilege you're probably thinking of is the 5th Amendment privilege against self-incrimination. But that only applies if you reasonably think the question could be used in a prosecution against you (not the other person).
If you think your testimony might be a problem, speak to the prosecutor in advance. The judge may want to address the issue privately, before you take the stand.
2007-07-10 16:04:20 · answer #3 · answered by coragryph 7 · 3⤊ 1⤋
You have to appear in court. The 5th amendment says you do not have to incriminate yourself, so yes, you do have the right to refuse to answer any questions on that line. I would not worry about getting booted out of subsidized housing IF YOU TELL THE TRUTH. If you try and hid something that will be found out from another witness or revealed in further investigation, it can raise a red flag. It sounds to me like they have a bigger fish to fry than somebody not able to keep tabs on all people who came to a party.
2007-07-10 16:12:59 · answer #4 · answered by Anonymous · 0⤊ 1⤋
yes you have to go you have be order by the court to show up and give your statment you can not get out of it . and how could you not know that he had a gun and what else is a problem is you stated it is government housing which you can be aske to leave cause of that. i have been in the milarty and i will tell you this that since it was government housing stand by . for him having a gun in the picture on a government housing area is really bad . And yes you can get kick out and you will never be able to get housing at all.also does the government housing know of this matter at hand ? you have alot of problems cause he is on probation and had a weapon you need to speak to your command and legal office
2007-07-10 16:06:51 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Unless you are the one on trial, you must answer the questions presented to you. If you refuse to answer, you can be jailed for contempt of court and kept there until you testify.
2007-07-10 16:15:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The 5th amendment protects you from being compelled to be a witness against YOURSELF. It doesn't protect you from being compelled to be a witness against anyone else. Unless YOU could face charges as a result of your testimony, which I doubt in this case, the 5th amendment does not apply.
2007-07-10 16:37:54 · answer #7 · answered by STEVEN F 7 · 1⤊ 0⤋
Your reason for not wanting to answer does not fall within any recognized privilege. You will have to answer or be in contempt of court.
2007-07-10 16:06:46 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Call Legal Aid and see if they'll discuss the ramifications of your testimony with you.
2007-07-10 16:05:02 · answer #9 · answered by Yak Rider 7 · 0⤊ 1⤋