What's your rights in the court of law so say u get subpenaed to court as a witness do u have to speak in court or not

Asked over 1 year ago - Pueblo, CO

It's for my boyfriend he's in jail for a shooting he or my brother never did the DEA has no witness or evidence they go for a pre lim this week what happens there.

Attorney answers (5)

  1. Christopher Daniel Leroi

    Contributor Level 20

    21

    Lawyers agree

    Answered . If you are subpoenaed by being personally served with the subpoena, you must appear and testify truthfully at the court hearing. You do not have a privilege to assert that would allow you to avoid testifying. I would consult an attorney in your area to go after the facts of the case to get more specific advice.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Daniel Nelson Deasy

    Contributor Level 20

    20

    Lawyers agree

    Answered . If you have received a subpoena to testify, you must appear at court. No one can make you say anything, but there are potential consequences if you do not speak, to include a possible contempt of court finding and jail. If you are concerned about this, sit down with a criminal defense attorney in your area to discuss all of your rights.

    Good luck.

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Alan James Brinkmeier

    Contributor Level 20

    15

    Lawyers agree

    Answered . Go and answer truthfully all questions put to you while under oath.

  4. Robert Bruce Kopelson

    Contributor Level 20

    15

    Lawyers agree

    Answered . If you are subpenaed, you need to check with an atty before you testify. You do not want to say anything that can incriminate yourself. Other than your own costitutional right not to incriminate yourself, you pretty much have to answer questions from both sides. usually at prelim, the court just wants to know if there likely was a crime committed and some evidence tht the deft did it. The standard isnt usually high like at trial (beyond a reasonable doubt). This is a low standard and just a device that occasionally is successful at getting a weak case thrown out early. Talk to a criminal law atty in your state for specifics.

  5. Kelly Ann Breuer

    Contributor Level 8

    11

    Lawyers agree

    Answered . You can also contact the lawyer who subpeonaed you. The subpeona should state whether it is from the defense or the prosecution, and their contact information. You can call them and ask why you are being asked to testify.

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