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Can I be arrested if I do not want to testify for the state after I pressed charges for aggravated assault with deadly weapon

Orlando, FL |

I have the right to refuse to testify for the state after I press charges for aggravated assault with deadly weapon and battery?

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Attorney answers 8

Posted

Yes you can be arrested. If you are subpoenaed, you have been court ordered and therefore do not have a 'right to refuse' to testify.

Posted

YES. If you decide not to testify the state can have a warrant issued for your arrest and take you into custody until you testify. While this is an extreme option, it can be used by the state if they choose to.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Posted

Technically, you have the right to refuse to "voluntarily" cooperate with the state if not subpoenaed. However, you do not have the "right" to refuse to testify if "subpoenaed" by the state. If you did refuse to testify, or more likely appear when required, the state could move to have you held in contempt. This rarely happens, but you should consult with an attorney before risking any such exposure.

Posted

I agree with the other lawyers. Another option you may have is to contact the defendant's attorney and offer to sign a waiver of prosecution. Sometimes in cases without independent witnesses a waiver of prosecution will be enough for the State to drop the case.

Posted

The other AVVO lawyers' answers are right on point!

Posted

The attorneys above are correct. You have the right against self-incrimination, but that is essentially only the right to not have to testify against yourself. As the attorneys above stated, you can be subpoenaed to testify against someone else and be legally required to appear in court.

Posted

YES. But you can not be forced to incriminate yourself. So if you did not tell the truth or were the aggressor, you may take the stand and assert your right against self incrimination. See a lawyer who can properly advise you incase you get served.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

Posted

Yes that is a possibility I agree with the other lawyers