The court may take this as contempt.
A suspect can be compelled to testify in a court of law when they are granted immunity, meaning they cannot be prosecuted based on their testimony. Additionally, if the suspect is a witness in a case where their testimony is essential, the court may require them to testify, although they can still invoke their Fifth Amendment right against self-incrimination if their testimony could incriminate them. Ultimately, the specifics depend on jurisdiction and the circumstances of the case.
you go to court and testify
Typically, you can be required to testify. If you sign an affidavit, it means that you have evidence regarding the case, and therefore could be served with a subpoena and made to testify. However, even if you don't sign the affidavit, but it is believed you have such evidence, you could be subpoenaed. Unless you have some issue of privilege or have a 5th amendment problem, failing to testify could put you in contempt of court. However, new evidence is not heard on appeal, so neither testimony nor affidavits are considered at that juncture, and this is therefore moot.
I don't know in which facility the girl would be held. There is no bail for contempt. Contempt is the "willful" refusal to comply with a court's order. The only way to be released from jail is to comply with the court's order. In this case, the girl would remain in jail until she agrees to testify.
Yes, you can testify without being served with a subpoena if you are willing to appear in court voluntarily. The subpoena is used to compel the attendance of a reluctant witness. Sometimes even someone willing to testify without a subpoena is still given one. This is to give formal notice of the court date as well as to ensure the appearance of the witness in case the witness changes his or her mind or finds the trial date to be inconvenient. It also gets the person out of work if the employer doesn't want to let the employee take the day off.
Yes, The judge can issue a bench warrant for your arrest. The court can deal with you as a hostile witness but still make you testify. If you are frightened that you will be harmed if you testify you should write to the judge and explain this. Otherwise no matter how personally distressing it may be for you , it is your duty as a citizen to truthfully answer under oath questions put to you in court. NOTE in court you are not asked to make a statement (as you would be by the police) you are asked to answer QUESTIONS put to you.
Yes, they have all the rights in trial court that all defendants possess.
You can never be forced to say anything that incriminates YOU, but if you have information about any other crime you are required to truthfully answer all questions.
Adult Down syndrome patients do have a right to autonomy. The exception is if the court has appointed a legal guardian for them.
You can still file a lawsuit. Convicted felons currently serving in prison are still able to file lawsuits.
Yes, inmates are often Writted out to testify in court on open cases. More often inmates are writted out to face additional criminal charges. The likelihood of this happening for a civil case is markedly less than for a criminal case, but it is still possible.
In some jurisdictions, a dying declaration is admissible in court even if the person does not die. The testimony can be admitted if the declarant is unavailable to testify due to being physically or mentally incapacitated. However, the reliability and credibility of the statement would still be assessed by the court.