ABA Family Legal Guide

Criminal Justice

Court Procedures

Witnesses

May the court force me to testify?

If you are a defendant, no. The Fifth Amendment of the U.S. Constitution gives you the right against self-incrimination.

If you are a witness or the victim of a crime, a subpoena compels you to testify, even if you don't want to get involved. You may refuse to answer a question on the witness stand if you feel the answers might incriminate you, unless the district attorney or prosecutor has granted you immunity in exchange for your testimony--in that case, you must answer (see the sidebar "Types of Immunity" on page 572). A witness should rely on the advice of his or her lawyer regarding whether to refuse to answer questions. The lawyer should be a person who has no role in the proceedings other than to advise the witness.

Sometimes a crime victim gets cold feet and changes his or her mind about testifying. This is especially true if the victim knows the defendant personally or is afraid of revenge. If you are the victim and no longer want to go forward with the charge, you should make your wishes known to the prosecutor. However, even if you reported the crime and later decide you want the charges dropped, the prosecutor might not agree. The prosecutor often considers a victim's wishes, but technically the injured person is only a witness. The "victims" are the people of the state where the criminal committed the crime. Therefore, it is up to the district attorney or prosecutor to decide whether to proceed with the case and whether to subpoena a witness to testify.