By What happens if you are subpoenaed and don’t want to testify? What happens after an indictment? These are all questions about the criminal legal system.
Well, a subpoena does not necessarily make up a part of the criminal system only. It is seen in civil cases, too. Moreover, one may need to testify in civil and criminal cases, too.
So, let us talk about a real-life scenario. Let us assume that the prosecutor in a case calls you to deliver your testimony.
To add fuel to this fire, let’s say that they are asking you to testify against someone you know. It may be a girlfriend, your mother, your employee, or worse, your best friend.
But, no. You have principles. Moreover, you are certainly not a snitch.
We do not encourage our readers to go against the law against court orders by not testifying. However, we do understand the emotion behind you not wanting to be the one who puts a loved one in jail.
There could also be another possibility where going through the hassle of testifying is a bother.
Thus, in this article, we will answer your questions on the following.
What happens if you are subpoenaed and don’t want to testify?
Moreover, what happens if you are subpoenaed and don’t want to testify in a civil case?
What happens if you are subpoenaed and don’t want to testify in Texas?
What Does Subpoena Mean?
A subpoena translates to “under penalty.”
It is basically a court order that orders you to testify and provide information. A “subpoena ad testificandum” means you are under penalty to testify.
This is a process that requires a person receiving the subpoena to testify in court. They may also have to testify in a deposition or under some other legal authority.
Additionally, there are various degrees of subpoena. For example, a “subpoena duces tecum” can ask you to provide documents. It may also ask you to provide another form of tangible evidence to support a case.
Sometimes, a subpoena may call to testify. Other times, they may ask for a deposition. A deposition is when they may ask the person to testify under oath.
If you get a subpoena to testify in court, you have to follow what it says. That means showing up at the right place, on the specified date and time. If the subpoena asks you to bring specific evidence, you need to do that too.
Can You Face Penalties If You Do Not Testify?
What happens if you are subpoenaed and don’t want to testify? Well, it may not be so easy to get out of testifying because you don’t want to.
If you don’t follow a subpoena, you could end up with a “contempt of court” charge. If the charges are grave, one may possibly face jail time. This will fall under the category of the federal legal system.
Therefore, if you are unsure about the subpoena or how to obey it, here’s what to do. Try to get in touch with a local criminal lawyer. Ask them for legal advice. After all, it is always a good idea to have a lawyer to understand your rights under the subpoena.
Penalties That You May Face
When someone fails to testify even after receiving a subpoena, it could be contempt of court. Contempt of court basically means that you are disobeying or showing disrespect to the court.
The penalties for not testifying or contempt vary on the court’s discretion. They may include:
Fines
The individual refusing to testify could face monetary penalties by court order.
Jail Time
Contempt of court can lead to prison time. Additionally, time in prison may vary from few days to several months. It depends on the severity of your disrespect.
In some cases, the court might impose both fines and imprisonment as penalties for contempt.
When Can You Get Severe Penalty For Not Testifying?
There are various factors that can determine the severity of the penalty.
- How important your testimony is.
- Reasons why you are refusing.
- If you have a history of non-compliance with court orders.
Therefore, depending on these, the judge will determine the appropriate penalties for refusal to testimony.
Legal Reasons You Can Refuse To Testify
What happens if you are subpoenaed and don’t want to testify? Are there any legal reasons for you to not testify?
Refusing to testify can lead to contempt of court. However, there are valid conditions under which you can choose not to comply to a subpoena.
Privilege
Certain legal protections can give you the privilege to not testify, despite there being a court order. For example, an attorney-client privilege, doctor-patient privilege, and marital communications privilege. All of these allow individuals to avoid testifying about specific confidential information.
Fifth Amendment
Under the Fifth Amendment, you can refuse to testify. However, it is only possible if your answers have the potential to incriminate you.
Moreover, if you have received immunity from prosecution, the Fifth Amendment won’t help. It will have limited power to shield you if you refuse to testify.
To Conclude
What happens if you are subpoenaed and don’t want to testify? Well, we have discussed what you can do if you don’t want to testify. But remember, if a lawyer asks you to testify, you can say no.
Also, if you’re just a witness and haven’t got a paper from the court telling you to come, you don’t have to talk to the authorities.
Thus, only when you get a formal court paper, that is, a subpoena, you will have to go to court.
It’s really important to do what the subpoena says. If you ignore it and don’t go, you could get in trouble and might have to go to jail for contempt of court.
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