I was served with subpoena papers, do I HAVE to testify?

Question

About a week ago Tuesday I was served with subpoena papers at work. I went & seen the prosecutor today & she stated that I HAD to testify. But the thing is, I don't want to testify. I think as one of my rights I should have the right to testify or not testify as I see fit. My question is, if I don't testify, will I get in trouble? I don't want the words that I say to condem an innocent man! I love him & don't want to testify against him!

Answer 1

Yes you do.

A subpoena is a DEMAND to appear and testify, not a request.

If you fail to show up, or refuse to answer questions, you can be held in contempt and sent to jail. If you lie, any prior statements you may have made - to the police or prosecutor or to third parties - can be introduced as 'impeachment evidence', and if you are shown to be lying you can be convicted of perjury, which is a felony, and sent to prison.

Richard

Answer 2

You do have to testify.  However the tone of you testimony may make you a "hostile witness".  

Answer 3

A subpoena is legal and binding court order. You are compelled to appear before the court and answer questions. Failure to appear may result in a warrant for your arrest for contempt of court.

It's best that you do not ignore the order.

Good luck to you  

Answer 4

I do believe youll be in contempt of court and youll go to jail.

Answer 5

You do not have the 'right' to decide if you will or will not provide testimony in a court proceeding.

You have a legal and moral obligation to testify and to tell the full truth.  

BTW - if your testimony can convict him - maybe you need to reconsider his innocence.

Answer 6

a subpoena means you have to testify! if you do not you will be in contempt of the court and you will be arrested. if he's innocent, how can you condemn him? shouldn't your testimony prove his innocence.  

Answer 7

If you have been served a subpoena then you will have to go to court.. Failure to do can result in a warrant placed for your arrest. You might want to consult with an attorney. An innocent man is not often condemned (although it does happen). There is usually a reason why they are in court.

Answer 8

yes...its a subpoena...that's what that document is for...to compel you to testify.  and if he's innocent, then you shouldn't worry about testifying should you?  

if you don't, the judge can hold you in contempt.  penalties include anything from a slap on the hand to jail time, fines, etc.  and its usually at the judges discretion.  

Answer 9

Yes, you have to testify. Your rights allow you to refuse to answer a question *if and only if* the answer would incriminate you. If you refuse to answer questions, you can go to jail.

If your words of the truth would "condemn an innocent man" then the man is not really innocent.