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A Police Officer that refuses to respond to a subpoena may be held in contempt of court. However, there are multiple types of subpoenas. Most times subpoenas are issued via an attorney or the clerk of courts. These are formal documents requesting your appearance at the time and date listed. If a subpoenaed party does not turn up, an attorney may request the court compel or demand the parties appearance.
If the judge agrees that the order is necessary, he will sign the order and service will be made. If service is made and the party still fails to show, the judge may issue a contempt order and a warrant for the contemptuous persons arrest.
However, a more seasoned attorney (specially those on behalf of defendant in the case) can use an officers refusal of a subpoena as the state has no case. He can either motion for the above action or seek dismissal of the case on the grounds that the state has no complainant.
The state has no complaint because the Officer, or complainant, the person whom observations led to the bringing of an action, cannot speak before the court. The prosecution cannot admit testimony (and the officers observation is typically the only evidence in many cases) if the defense cannot cross examine them with the exception of certain dispositions).
What else can I help you with?
Can a police officer refuse a subp?
Yes, a police officer can refuse a subpoena under certain circumstances. If they believe the subpoena is unlawful, overly broad, or infringes on their duties, they may challenge it in court. However, they are generally required to comply with valid subpoenas unless a legal objection is raised and resolved. It is advisable for officers to seek legal counsel when faced with a subpoena.
Do you legally have to testify as a witness in a civil tort case?
In most cases, a witness can be legally compelled to testify in a civil tort case through a subpoena. Failure to comply with a subpoena can result in legal consequences. However, there are some circumstances where a witness may have a valid legal reason to refuse to testify, such as invoking the Fifth Amendment right against self-incrimination.
Can a police officer refuse to give his badge number?
A police officer should show his badge when he approaches you. If the badge is not visible, ask to see it. If you ask for the badge number, the officer should give it to you. If the officer refuses, you should report it to the police department.
If you are a witness to a shooting and the shooter is your family what happens if you refuse to talk to police?
You could be charged and prosecuted for Obstruction of Justice.
Can a police officer refuse order of court when enforcement clause included in Ontario Canada?
yes
Is it ethical for an attorney to refuse to subpoena this man?
yes
What can you ask police?
If you are a police officer you would not need to ask. A police officer doing his duty will treat another police officer as any member of the public (if they are out of uniform and off duty).
If a police officer ask a security guard to leave there post can they refuse?
If there isn't a valid reason for that police officer to be doing that (e.g., the post is part of an active crime scene), absolutely.
Does someone under 18 have to give a witness statement to the police if they dont want too?
No one can be compelled to give a statement to the police, regardless of age. You can be subpoenaed (ordered to appear in court or some other location) to give a statement under oath at a deposition or before a grand jury. If you refuse to respond to the subpoena, you can be held in contempt of court.Added: . . . or if a material witness to a serious offense and refusing to cooperate, risk being charged with 'Obstruction of Justice.'
Can i arrest a police man?
You could try a citizen's arrest but the police man may refuse to be arrested. It is only a warranted police officer that is empowered by society to forcibly arrest someone.
Can a police officer tell you no to medical treatment after they arrest you?
Generally, people who are in police custody are to be provided with necessary medical attention. The police officers may have some discretion to refuse unreasonable requests.
Is there a law of rights that I have to refuse no longer to be a witness because I don't remember what really happened. I am a witness now but can i refuse?
No. If you are subpoenaed to be a witness, you don't have a choice. You must appear.
