Witness Rights in a Criminal Prosecution

A witness is a person who is authorized to testify during a trial. In a criminal prosecution, a witness’s rights are protected under the Fifth Amendment. No one “shall be compelled in any criminal case to be a witness against himself,” according to the Fifth Amendment.

Courts construed the rights of a witness in a criminal case to suggest that witnesses may decline to testify on the grounds that they could be involved in criminal activity.

What Are Witnesses’ Rights in a Criminal Case?

In a criminal proceeding, witnesses have the following major rights:

1. The Right to Avoid Self-Incrimination: This practice is known as “pleading the fifth.” That basically indicates that the witness is asserting their Fifth Amendment right to not testify against themself. Once more, this right does not permit a witness to completely decline to give a statement.
2. Right to Not Be Harassed: Although the Constitution does not explicitly grant this right, almost every evidence code contains some sort of prohibition on harassing a witness. This means that during a direct or cross-examination, a witness cannot be threatened, belittled, or subjected to the same question repeatedly. It is important to keep in mind, though, that if a witness starts to act hostile or uncooperative, a lawyer might be able to press the issue further.

Rape shield laws in the evidence code are one aspect of this right to be free from harassment. These are frequently used in situations of sexual assault where very private and sensitive information may be revealed in an effort to discredit a witness. Typically, these guidelines prohibit lawyers from inquiring into:

• Sexual history with anyone other than the accused
• Number of sexual partners
• Sexual inclinations

Right to Bring a Lawyer Along
This privilege derives from the Sixth Amendment’s guarantee of competent legal representation. However, as they might not always be informed of this option, witnesses might think about requesting the judge’s approval before testifying to speak with or have an attorney present. This is crucial information for witnesses who are concerned that giving a testimony could lead to their accusation of criminal behavior.

A witness subpoena may be issued to anyone who could have information important to an ongoing criminal investigation. So, if any of the following apply to you, a subpoena may be issued to you:

• Observed or heard about incidents linked to the case
• Have records or other proof relevant to the case
• Conversed with those interested in the matter who are pertinent to it

If you receive a subpoena, you must understand what to do next.

Understanding your subpoena witness rights and why you are being called as a witness is the first thing you should do..

The form will also contain the name of the person issuing the subpoena. When you get a subpoena, you might think about asking the following questions:

• Are you being called to testify as a witness to a traffic accident in this case?
• Is it a federal grand jury for investigation?
• Is it a multijurisdictional or state grand jury?
• Who is the case’s defendant?
• What part or involvement did you play in the investigation that resulted in the subpoena being issued?

What you do afterward will be influenced by these queries.

Even if a judge’s signature is not visible on the paper, a witness subpoena is a court order requiring you to show up at the specified location and time.

Accordingly, disobeying the subpoena could result in a show cause hearing. You would be required to appear before the judge and explain your absence or perhaps a sanction for contempt of court. Therefore, it is not possible to ignore the subpoena.

You may have additional rights and protections if you are summoned as a witness if you have experienced bodily, psychological, or financial injury as a result of a felony, assault and battery, stalking, sexual battery, attempted sexual battery, drunk driving, or a violation of a protective order. These protections and rights include:

• Protection provided by witness protection initiatives
• Whenever possible, separate waiting rooms in the courtroom
• Financial support provided by the Crime Victims Compensation
• Employer assistance programs to reduce financial losses resulting from court appearances

Can a Witness Refuse to Testify?

No. A witness does not have the same right to avoid testifying as a defendant has. Accordingly, a witness may be forced to testify.

The witness may be held in contempt of court if they refuse to testify after being ordered to do so. While a witness cannot decline to testify, that does not obligate them to provide any requested information.

Generally speaking, a court can compel you to testify after issuing a subpoena outlining the specific testimony they require. Only a few grounds exist for excusing someone from testifying:

• The testimony contains evidence that implicates the witness: The Fifth Amendment of the Constitution guarantees you the freedom to refrain from offering self-incriminating testimony. A witness has the right to invoke the Fifth Amendment’s protections at any time in order to decline to provide an answer.
• In a criminal case, the witness is the defendant: The Fifth Amendment’s protection has been expanded by this. Never can a criminal defendant be compelled to testify.
• The witness is wed to a party in the dispute: Courts view communication between spouses as privileged. This indicates that you generally cannot be made to testify in court against your spouse.
• One party’s lawyer, therapist, or priest is the witness: individuals in these occupations are expected to open up to them without concern for the repercussions. Therefore, the court accords these partnerships with exceptional protection, and communication between the two is typically confidential.
• The witness is incompetent to testify: Some witnesses are unable to testify because of conditions that make it difficult for them to recollect events and describe them to a jury accurately. However, crossing this threshold is quite challenging. For instance, even though small children may not be the most trustworthy witnesses, many courts may allow them to testify. The jury is then free to decide whether or not to believe the witness’s testimony based on their age.

It’s possible that you must testify if you don’t fit into any of these categories. To make sure their rights and interests are safeguarded throughout a hearing, a witness might find it wise to speak with a lawyer. For instance, witnesses occasionally avoid testifying out of concern for possible reprisals. With these witnesses, the court may be able to adopt extra security measures, such as preventing media from entering the courtroom or keeping court records confidential.

What Happens If a Witness Refuses to Testify?

You must follow the order’s instructions if you are served with a subpoena to testify in court. This indicates that you must show up at the designated spot and the precise time and date mentioned in the subpoena. You must abide by these requirements as well if your subpoena also instructs you to carry specific types of evidence to the location where you are expected to give testimony.

Once more, anyone who refuses to appear in court as ordered will be found in contempt of court and given a jail sentence. Therefore, you should get in touch with a local criminal attorney as soon as possible for additional legal guidance if you have any questions about the terms of a subpoena or how to abide by the court’s order. You should also hire a lawyer to learn more about your legal rights in response to a subpoena.

Seeking Legal Advice

You must speak with a criminal attorney if you have been summoned as a witness in a criminal trial to learn how to preserve your rights and prepare your testimony. It is very simple for benign behavior to be mistaken for guilt or complicity in illegal activities, even if you are completely innocent. You can get guidance from a lawyer on when to “plead the fifth.”