My Legal Rights as a Subpoenaed Witness
UPDATED: March 20, 2018
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A subpoena is a writ issued by a court or other governmental agency having the appropriate authority. A subpoena, which means under penalty in Latin, compels the person served to comply with whatever is requested in the subpoena. If a person is compelled to appear and testify in court or other legal proceeding, they are under a legal obligation to do so. If a subpoena requires that a person produce certain documents or other items, they are legally required to do that as well. Failure to comply with a subpoena is a criminal matter. At a judge's discretion, failure to comply can result in a contempt of court charges for which there are penalties including fines and jail time.
If you have been subpoenaed as a witness, you may request a postponement of appearance. Unfortunately, postponements are extremely difficult to obtain. If the reason for the postponement request is not related to a death or severe illness, you must to appear on the date and time listed in the subpoena. Additionally, even if a postponement is granted, it is still just that - a postponement.ï¿½You will still have to appear in court on the reappearance date issued by the courts.
If a witness feels that their sworn testimony may implicate them in the matter in which they are testifying or in another matter not the subject of the legal proceeding in question, another protection may be afforded to the witness. This protection is given pursuant to the Fifth Amendment to the U.S. Constitution. The Fifth Amendment gives individuals the right to refuse to answer any questions or make any statements if doing so would result in establishing that the person committed a crime. This right is also known as the "privilege against self-incrimination." In a criminal trial, this right is not reserved exclusively for defendants. Privilege against self incrimination extends to witnesses as well. However, unlike a defendant in a criminal case who has the right not to refuse to take the witness stand, a witness may be subpoenaed and forced to take the stand. Yet once they invoke their right to "plead the Fifth," their testimony cannot be compelled. That is, a witness may not be forced to answer any incriminating questions.