Summonsed to court to be a witness?

on thin ice

As is so often the case the devil is in the detail and what we need to know is 'why do you want to get out of it?' I suspect you have given a witness statement to the authorities, normally the police, and because they suspect or already know that you are reluctant to attend the hearing willingly they have been granted a witness summons to ensure your attendance. This often happens in situations where the witness is a source of evidence against a person they know well or are frightened of eg a battered wife v her abusive husband, etc. If a person ignores a witness summons the judge can issue a warrant for the non attending witnesses arrest, so it goes from bad to worse.If I'm any where near the real reason I suggest you speak to the investigating officers. Tell them frankly of your concerns. Perhaps a family or witness liaison officer will be available with various options, including a friend or officer to attend with you for moral support. being kept in a separate room until called in to give evidence thereby avoiding waiting contact with the defendant, visits before hand to the court to be shown the layout and procedures etc etc. An unwilling witness can still be asked questions by the prosecution side and be treated as an 'hostile witness' which in effect includes getting you to acknowledge the truth of your earlier statement or risk perjury or contempt if for whatever reason you turn against what you initially said. Please seek help from the prosecution team.

Nancy Kay

No there is not. If you do not obey the summons and you fail to appear in court on the date and time stated in the summons, the judge can issue a warrant for your arrest for a charge of contempt of court. the only way is to get the serving party (the one who is demanding your appearance in court) to have the judge vacate (cancel) the summons.

LoneStar

Only the attorney who subpoenaed you can excuse you.

Once there, you might be able to get out of testifying by claiming a privilege, such as marital privilege, depending on the rules of evidence in your state. Or, you could refuse to take the oath, in which case you would probably be held in contempt and jailed.

Timothy M

If you have already given a statement to the police you could withdraw that statement; however before doing that you should think of the consequences of your actions.

If you do not testify, is a guilty person likely to walk free to commit further crimes? Could you live with your conscience if this were to happen?

If you are concerned about your safety if you do testify then contact the police, explain your concerns, and they will try and do whatever possible to protect you.

lamyarhull

if you are a witness you owe it to who ever needs you to get up and be heard. been there too many times, it is not that hard. good luck

DoubleK

Simon T

If you are told to attend court, that is exactly what you do, or risk being arrested and taken to court. However you can speak to whoever needs you there (defence or prosecution) they may be able to release you from attending, but this will have to be OKed by both parties first. Just remember one thing, they are asking for you for a reason, there is a person on trail, you may be the difference between a guilty verdict and and an innocent verdict. If that was you, would you want them there.

MikeGolf

If you have been summoned to testify in court then you have a legal, civic and moral duty to do so.

angelstar

you can get arrested if you don't show. and don't lie coz you'll get done for perjury.

mad keith

no chance if you dont go thay will issue a warrent for your arrest
best go

lippz

Firstly, Apologies...I am one of those people who warn out for court!

But this is the official line of where you stand

As a witness you can't withdraw a statement. Only a victim can withdraw, this is called a CDtoP. If you think about it, you can't witness something, give a statement and sign it as a true document, then when called to court, say you didn't see it, because its inconvenient.

So what happens if you say you won't attend?...we will ask you why ... if its because you are seriously ill, then we will ask for a letter from you GP or specialist stating that you are unfit to give evidence now or in the future.
We will also send a problem up to the lawyers so that they are aware.

If you say you don't want to go and you aren't...without any excuse, we will request a witness summons and this will be served on you by a police officer.

If you offer a reason for not attending on the day in question, we will again send a problem up to the lawyers and await their response, they may send us an advice for more details from you.

If your problem is childcare then we can offer help with costs and accessing childcare for you duration in court. We may be able to offer standby arrangements, where you give us a contact number and we will send a taxi to pick you up for court and take you back after you have given your evidence.

Thats just a few of the issues...you need to discuss any problems with your witness care officer.

Now for the rough bit...if you fail to attend court and you have been served a summons by the police to attend..you are liable to arrest and also to be sent to prison for contempt of court.

I would suggest you contact your WCO as soon as possible, good luck we are there to try and help you, but please bear in mind we are there doing a job also and sometimes what we have to do is not pleasant but has to be done.

In essence, as a member of the public like yourself I want to see justice done, but if you have been a victim of crime, you expect it and as the thinking is No Witness...No Justice!

A True Gentleman

You have my sympathies. British justice is a disgrace. I hope everything goes well for you.

Goofy Goofer Goof Goof Goof !

You could withdraw your statement.

david t

tell them you racist against all that is not Cristian. you wont have to go

Conspicuously Inconspicuous

There is always a "white lie", remember its not a LIE. its a nice "white lie". Perhaps some sort of fake emergency you have to attend to opposed to the summons. Just a idea my friend ;).

jojo bi_ch

WHERE DO I STAND WITH THIS !!!!!!!! I reported a breakin in progress last month when police came i told them what i saw and heard. Then told them that i dint want to have anything to do with court etc. I didnt sign any statements either. I have since then recieved a citation to appear in court as a witness next month. Can they do this when they have no legally signed statement and im not willing to be part of it. Please can you give me advice in what to do. Thank you..

mouse

a friend of mine has given a statement almost 12 months ago and now the police have tried serving her with a summons, at her previous address, its in relation to drug charges on a third party, but they do not know where she lives. no charges were laid against her and she has not received the summons. she fears the repercussions of being a witness in court and does not want to receive the summons, thought it was all over months ago. court case in in a few weeks time. what happens if they cannot find her before the court case do they continue without her as a witness, and what happens after? can she get into any trouble for not being contactable to receive the summons? court case has already been adjourned several times and don't think they will adjourn it again.

mouse

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