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What else can I help you with?
Does the defendant have to testify in court?
No, the defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
The defendant must be given an opportunity to be heard?
This is a true statement. In court the defendant will be represented by counsel and may choose to testify, or not.
You don't want to testify?
I don't believe you have much choice. If you are not the defendant, married to the defendant, or legally insane and a danger to your self and others, you have to testify. If you refuse, you can be held in 'Contempt of Court', and will go to jail.
Why does a defendant not have to testify?
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.
Does a defendant have to testify in a civil case?
No, a defendant in a civil case does not have to testify. It is their choice whether or not to take the stand and provide testimony.
Can a victim appeal a court's sentence of a defendant?
No. Only the sentenced defendant can appeal their own sentence. However if you really feel strongly about it, you can approach the defense attorney and tell them you will gladly testify on their clients behalf.
If a defendant refuses to testify at trial what can the prosecution tell the jury?
Your question is unclear. In the USA, a defendant does NOT HAVE TO testify at his trial, ever. The defendant is the one accused of committing the crime. He does not have to say anything (OJ Simpson did NOT testify in his first trial, Scott Peterson did NOT testify at his trial.) The Prosecutor will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence shows the defendant committed the crime. The Defense Attorney will present his case (with all his evidence and witnesses) explaining to the jury (or judge) WHY the evidence does NOT show the defendant committed the crime. The defendant does not have to be one of those witnesses. He cannot be forced to testify.
As part of my plea I agreed to testify against defendant. I was never asked the role defendant played in crime. I am done with my sentence. Can the prosecutor revoke my plea if I refuse to testify?
Yes, the prosecutor can revoke your plea if you refuse. Also if you go on trail and lie to the court you will face more charges. It is best that you just do what you agreed to.
Who cannot testify against a defendant?
In most states, the spouse. There are also certain professional or social relationships that are regarded as privileged... for example, attorney-client, doctor-patient, or priest-parishoner communications may be exempt from subpoena.Note that this does not mean that the person in question cannot testify against the defendant, it means they can't be forced to testify against the defendant. A spouse can choose to testify. The professional cases usually can't, but what they cannot testify about is limited. If the doctor saw the defendant standing over the murder victim with a bloody knife in his hand, for example, that's not a privileged communication and the fact that he happens to be the defendant's doctor is irrelevant.
Can a defendant be forced to testify in a civil case, even if they do not want to?
In a civil case, a defendant cannot be forced to testify. The Fifth Amendment of the U.S. Constitution protects individuals from being compelled to testify against themselves in any legal proceeding, including civil cases.
Must you testify if not subpoinaed?
if you are not called into court, you will not have to testify
Do you have to testify against a family member if I have been summoned as a witness in court?
Yes. They will treat you as a "hostile witness" and continue with the questioning. You cannot get out of it because you dont want to testify. Anyone can refuse to testify in court by pleading that by doing so they believe they may incriminate themselves along with the defendant. The 5th amendment of the US Constitution states that you have the right not to incriminate yourself. This is what it means when people say they "plead the fifth". If your testimony would not be incriminating to you and you just don't want to testify against a family member you can refuse to do so in any court in the US. However by refusing to give testimony to the court the judge may charge you with contempt of court and you could be fined and/or jailed. This rarely happens if the proceedings are of a civil nature,such as smail claims court or other civil court proceedings and even trafic court. It mostly occurs in criminal court proceedings, and Family court proceedings dealing with divorce or child custody.
