Do i have to testify in court?

Question

If you get a subpoena to go to court, yes i know that you have to go, but do you have to testify if you don't want too. My sister and father- in-law said you can plead the 5th, but what does that really mean and what can happen if you say that?

Answer 1

The 5th Amendment gives you the right not to testify against yourself.

If you reasonably believe that your testimony might incriminate yourself, you have the right not to give it. If the court finds that a belief that you might incriminate yourself by your testimony is not reasonable, they can require you to testify. Even if your belief is reasonable, the court can still grant you immunity (i.e. guarantee that your testimony will not be used against you) and then require you to testify.

Refusing to testify will get you put in jail for contempt.

Remember Whitewater? Susan McDougal refused to testify about the Clintons fraudulent real estate crimes and was sentenced to 18 months in jail for doing so. (Which was probably wise.... her husband James was also imprisoned for refusing to testify, but he 'caved' and agreed that he would in fact testify - and was found dead in his cell the next day)

Clinton, of course, then pardoned Susan McDougal for her contempt charges.

Richard

Answer 2

Well in most cases, if you stand on your 5th amendment rights, then it can be said that you are admitting guilt or withholding information. And you just don't want to get that deep involved. Been there, done that. But thank heavens i didn't have to testify, because i didn't want to be asked, "Is the suspect in question in the courtroom presently?" And then asked, "Could you point them out?" The whole time their family members are starring you down, remembering your facial features and everything! Hopefully you won't have to either, and if you do, put your safety first and plead the fifth! Good luck.

Answer 3

Depends on the type of subpoena.  You can object and challenge most types of subpoenas.

Answer 4

You can plead the 5th Amendment to the Constitution which prohibits you from making statements that can be used against YOU. If there isn't anything incriminating relative to your testimony, the Judge can force you to answer or throw you in jail or fine you or both.

Answer 5

Pleading the Fifth Amendment means that you believe any testimony you may give may serve to incriminate you; if you believe you are in danger if you testify, tell the prosecutor and he/she can arrange for protection for you. You can't just not testify because you don't want to. That's called Obstruction of Justice, and is an imprisonable offense.

Answer 6

If you get a subpoena then yes you *have* to go.  If you do not then you are guilty of contempt of court and can be fined and/or thrown in jail.

Pleading "the 5th" is your Constitutional right against self-incrimination.  Basically the Fifth Amendment to the Constitution prevents the law from making you be a witness against yourself.  So if they ask, "Did you kill person-X?" you can plead the Fifth and not answer.

If the question does not relate to something that would incriminate YOU for a crime then the Fifth does not apply.  Occasionally, if the state wants to see someone else in jail more than you, they can grant you immunity from prosecution for some particular line of questioning.  This also takes away your Fifth Amendment rights since being immune from prosecution means you cannot incriminate yourself legally.

Answer 7

The fifth applies to self incrimination. But, pleading it does not protect you from prosecution. If you're being asked a question that in no way can self incriminate you, you can still be held in contempt, fined or possibly jailed.

Answer 8

You have to show up and take the stand - otherwise you can be held in contempt of court.

Pleading the 5th means that you don't have to give testimony that may incriminate yourself.  If they ask you your name, you can't plead the 5th.  If they ask you if you were present at a robbery, you can plead the 5th.

Answer 9

If you got a subpoena, you absolutely MUST go.  Failure to appear can get you into a ton of trouble.

You got the subpoena from either the prosecutor or the defense attorney.  There should be a phone number.  Call them and ask what they want to question you about.  They'll want to discuss your testimony in advance.

You can only plead the 5th if an honest answer to the question would incriminate yourself.  The attorney who supoenaed you can explain this.