Categories: Legal

What Happens If You Refuse to Testify in Court

The law is very complicated when it comes to witness testimony. Like every other facet of American law, there are various statutes and restrictions and limitations that can impact testimony if it ever gets to happen at all, but there are also laws about whether or not a witness may be compelled to testify. If you have been subpoenaed to testify at trial, it helps to know what you might be facing should you refuse to speak in front of the court.

First of all, it helps to know that you have the right not to incriminate yourself. This is what it means when people say they “plead the fifth”, though the 5th Amendment doesn’t protect you from testifying in court. It only protects you from saying anything that might be used against you at a later date, which is something you need to consider for the future. If you do testify and implicate yourself in a crime, the district attorney can then use your statement to bring charges against you.

There are cases where witnesses turn “state’s evidence” against other criminals or co-conspirators who are facing harsher sentences. If you have been asked to testify in court against an accomplice or other individual the district attorney may offer you immunity in exchange for your testimony. However, you should know that your immunity goes right out the window if you refuse to testify in court. You can then be tried for your crimes.

In most cases, the judge will give you several chances to answer questions if you refuse to testify. If you continually refuse, you may be charged with contempt of court, which could land you in prison with a hefty fine to pay the court. It is best that you don’t risk a contempt of court charge. Not only does it go on your criminal record, but they can also hold you until you finally agree to testify.

If you are afraid to testify in court – perhaps you’ve been threatened, for example – it is important that you tell the district attorney or a police officer. Witness tampering is a serious crime in the United States, and might result in additional charges against the defendant or even a new trial. You might also be offered witness protection for the duration of the trial, or at least until the defendant has been put in prison where he belongs.

The important thing to remember here is that if you are subpoenaed to testify at trial, you really don’t have a choice. The district attorney will use whatever means necessary to convince you, and you might be facing charges of your own if you don’t comply. Again, if you are afraid to testify for whatever reason, it is best that you discuss those issues with the authorities to see how they might be resolved.