What are my rights as a witness for refusal to testify?
115937
You may be able to file a motion to quash the subpoena.  It depends on the laws in your state.  My guess, however, is that trying to fight the subpoena will be as timely and more expensive than just testifying.\n\nYou might also contact the attorney that issued the subpoena to see if there's anyway to get your weak testimony submitted without you having to actually appear in Court.\n\nBut if you do not show, a bench warrant might be issued and you could, potentially, be arrested for your failure to appear. Again, rules vary by state, so I wouldn't chance it.
870743
The following apply to the United States of America,\nFirst, one must remember that the accused is entitled to his/her day in court and to confront the witnesses against him/her. Confront here means question in court, not go toe to toe.\nSecond, there is a principle known as discovery where the accused's attorney gets to see evidence, including statements made against the accused, in order to be able to mount a defense. Now there's the rub, the attorney might be unethical enough to reveal names of witnesses to the accused prior to trial.\nI would suggest speaking with the prosecuting attorney about your concerns.
962911
If you choose not to respond to a subpoena, the party issuing the subpoena can ask the judge to order you to show cause on why you should not be held in contempt of court.  This doesn't sound like that big of a deal, but they don't ask you to come to court a second time.....  Get it?  They come for you wherever you are, whatever you're doing, whoever you're with.  It's all irrelevant, they slap the cuffs on and haul you in.\n\nThis isn't actually to say that the judge will order the show cause, but most will because our system would break down if every person subpoenaed snubbed the systerm.\n\nI'd go or call the attorney who issued it and ask to be put on telephone standby.  Most of us will do that since we understand you have to make a living.
816658
You are to be a witness,  a grand jury will question you about what you know,  you are required to answer them unless you are involved in the crime you are testifing about.\n( and if they give you imunity, you are still required to testify)
340252
find a very good lawyer out of yur area 1st. then keep documents of all things date and times you can go to federal court if you feel your rights were violated
868104
You have the right to be represented by an attorney at every aspect of your criminal case - including the initial hearing.  Most courts require your appearance for an initial hearing so that you can be advised of the criminal charges and penalties.  You may not be required to attend future hearings but make sure you receive legal advise on that matter before you fail to appear.
725031
If they have been tried and sentenced, that will not help much.  If not, then talk to the District Attorney's office about whether they would continue the case if you did not press charges.  They may or may not want to pursue it without your testimony, but you can ask.
727287
When you are the spouse of a person, they can not force you to testify against them.\nVictims just accuse and bring out evidence. They offer up witnesses and give lawyers proof to win cases.\n\nJudges and juries decide who is innocent and guilty.\n\nSometimes, a person will file charges, then for some reason, change their mind, decide to drop the charges and the state says "no... this has been taken over by the state" and the state will charge them with the crime whether the victim wants them to be charged or not.
1145094
It depends where are you are, but, in general, you can tell them in front of a reliabe witness...  If you feel that you are endangered, report it to the police...  once there is a report on file, you are building a "paper trail", which you can refer to later, if it becomes necessary to apply for, say, a restraining order
510126
Then you were in Custodial Interrogation and you will have afforded the Constitutional rights to have counsel present while being questioned. See 5th Amendment U.S. Constitution.\nIt is considered a formal hearing. If they question you after you ask for counsel to be present then that evidence ( especially against you ) can be suppressed. Remember not to rant or rave but wait for your counsel to get thier.\nJohn\nCriminal Justice Student
821424
You have the legal right to refuse to do a polygraph test. If you are being charged with an offense you were arrested and told your Miranda rights, one of which is the right to remain silent.\n   If you do voluntarily submit to the test , the results can be used as evidence against you in a future trial.
428782
You really need to pose this question to a lawyer in your area. If you need help finding a lawyer, try http://www.martindale.com/\n\nGenerally speaking a subpoena is an order from the Court that says that you have to appear and give testimony. There are several exceptions that could prevent you from testifying or you could potentially use to not testify, but you need to discuss the situation with a lawyer to determine if any exception applies to your case as well as the consequences for not giving testimony.
497259
If you were subpoenaed and failed to show up they could charge you, which means you might have an arrest warrant but I don't understand why you didn't go. Anything you say cannot be used!
898704
The city is required to present evidence that the defendant was in violation of the city ordinance prior to the defendant presenting any evidence.\n\nThe city will call their first witness and will ask questions necessary to bring out all the facts the witness has knowledge of concerning the case.  After the city attorney has asked questions, the defendant will have a right to cross-examine the witness.  During cross-examination, the defendant may not testify or argue with the witness.  At that time the defendant may only ask questions to elicit answers from the witness.  The defendant may only ask for information which deals with the issues of the violation of the ordinance.  After the defendant has completed his examination and the city has completed its examination of the first witness, the city will call their next witness.  The same procedure as to examination is followed with all of the witnesses called by the city.\n\nAfter the city has called all their witnesses they will rest their case.  At that time the defendant has a right to present evidence.  He may call witnesses and if so, he will examine them first and the city attorney will have the right to cross-examine them after the defendant's examination.  During the defendant's examination of the witness, his questions need to be stated in such a way that the witness will give the facts in his answer.\n\nThe defendant may also testify although he is not required to do so and it will not be held against him if he decides not to testify.  If the defendant testifies, he will tell what happened in his own words.  The city attorney will have the right to cross examine him and he is required to answer the city attorney's questions.\n\nAfter the defendant has completed his case and the city has completed their case, the court will make a decision.  If the defendant is found not guilty, the case is over and the defendant's appearance bond will be refunded.  If the defendant is found guilty, the court will assess punishment not to exceed the maximum authorized under the city ordinance plus court costs.If the defendant is found guilty, he has a right to appeal and receive a new trial.  In order to appeal, the defendant must post an appeal bond as set by the court.  The defendant will then have a new trial before a district judge who will make a determination of his innocence or guilt.  In a new trial the judge will make a finding on what is presented and is not bound by any finding of the Municipal Court.  If the defendant is found innocent, his appeal bond will be refunded and the case is over.  If the defendant is found guilty, the district judge will set the fine and costs.  The amount of fine and costs may be more or may be less than what the Municipal Court imposes.  From a finding of guilty in the second trial, the defendant has a right to appeal on the record to the Court of Criminal Appeals. you speaking will help put that rapist away for good! i wish you luck!
943565
Your question is too vague. But here are some things I can tell you.\n(a) Miranda warnings (right to remain silent, etc) are provided to you ONLY if the police plan on talking to you--they're a prerequisite of "custodial interrogation."  Police DO NOT have to provide Miranda warnings if they just plan to arrest you and don't want to get a confession from you.  This is true in every state (because it's based on the 5th Amendment to the U.S. Constitution) although some states may require more detail.\n(b) The "one phone call" rule is not constitutionally based.\n(c) If you're arrested and you ask for a lawyer, interrogation must cease, and lawyer must be provided to you at every "critical stage" of the prosecution of your case if you're charged with a felony.  (They don't have to provide you a lawyer before that if they don't want to interrogate you--these are two separate rights)\n(d) You have a right to a speedy trial\n(e) You have a right not to have exceesive bail.  But that's pretty fluid.\n(f) You have a right to "confront" the witnesses against you during a trial, and you also have a right to have an understanding of the government's evidence, and especially any exculpatory evidence that the government may have in its possession.\n(g) You have a right to a jury trial\n(i) You have a right to represent yourself if you wish\n(j) You have a right to basic protections against unfair investigational techniques (i.e. searches with warrants in most situations, no coerced confessions)\n(k) You have a right to an appeal, and to have counsel appointed for that appeal.\n\nAnd the government has certainly tried to curtail many of these rights against "terror" suspects, but generally, if you're a U.S. citizen on U.S. soil, it will be very difficult for the government to subvert most of these basic rights.
998100
They would like to talk to you about your involvement in a domestic case.  They will probably question you if  they do not have solid evidence showing you were involved.  They will take you into a room usually with 2 investigators and it will probably be taped and recorded.  They will read you your rights and make you sign a piece of paper indicating you understand your rights.  If you wish to remain silent you tell them so and say you wish to consult with a lawyer first.  Depending on how serious the charges are they can hold up for up to 72 hours then they have to release you.  If you can not afford a lawyer one will be appointed to you.  And public defenders aren't the greatest.  I would go in and see what is going on.  Otherwise they could put a warrent out on you for you arrest.  Rather be safe then sorry.
874141
Your Miranda Rights do not have to be read to you UNLESS the police are questioning you.  Anything you say voluntarily is admissible, as long as the police did not coerce you into answering it.  For example, if you have NOT been mirandized and the officer says something likely to evoke a response like "Why did you kill her?" or "I can't believe what a monster you are!" THEN your statements could be argued as inadmissible in court.  Ultimately though it is up to the judge to decide.  It goes to the intention of the officer.  If he/she was trying to get you to say something like "She deserved it," then it is likely to be inadmissible, but an officer does not have to read you your rights to engage in simple talk like your name, address, the weather, etc.  \n\nBasically, ASK FOR A LAWYER AND SAY YOU DO NOT WANT TO ANSWER QUESTIONS!  Once you do that, BY LAW, ALL questioning MUST STOP!