In any court proceeding, witness testimony can be an important source of evidence.
It follows, then, that courts take calling witnesses pretty seriously. How seriously? Seriously enough that those who refuse to testify can, in some situations, be held in contempt of court, which may result in penalties including fines and even jail time.
What are the rules for testifying in court and how can you keep yourself from running afoul of them?
Fifth Amendment Right against Self-Incrimination
One person who can generally never be forced to testify in court is a criminal defendant. Under the Fifth Amendment of the U.S. Constitution, no person “shall be compelled in any criminal case to be a witness against himself.” This means that a defendant that is charged with a crime can choose whether or not to testify in court. However, if the defendant does choose to testify, he generally cannot choose which questions to answer.
The Fifth Amendment also extends to other witnesses in criminal and civil proceedings; any time a …read more
Source:: Law Blog
from Carl Ceder Law http://ift.tt/YjARDb
via
from WordPress http://ift.tt/YjARTQ
No comments:
Post a Comment