I am the only witness to crime that took place a few months ago. The crime wasn't anything considered severe, I was just in the wrong place at the wrong time.
Now, there are numerous reasons as to why I do not want to take the stand. None of which I wish to disclose, so please keep your opinions to yourselves.
I have been summoned to appear in court and I will. I am not going to be arrested for not appearing due to a crime someone else committed.
My question is, while I know I have to appear, I have found online that they cannot force a person to give evidence or even get in the witness box to begin with.
Has anyone actually refused to enter the witness box? Or are there any consequences for being what they consider to be "uncooperative"?
8 Replies
I was called to be a witness too and was told if I did not then I would be fined and possibly jailed! I ended up with a last minute valid excuse which was no transport as I was 100kms away in a country town with no public transport and an unregistered car. I was told I could still end up fined but they didn't. I was really stressed out about skipping it once I learnt what could happen but my car ran out of rego and they probably checked that as it was the police who summonsed me. I'm not sure why you would go and then not stand as witness, if you're scared tell someone.
A relative of mine witnessed a crime committed by bikie affiliates, naturally she was concerned about retribution. I ended up going with her for moral support.
I know that she tried absolutely everything to get out of having to testify, to no avail. They were also pretty upfront about the consequences should she be uncooperative in the courtroom - they certainly cannot force you to take the stand or to speak but that does not mean you're free from the consequences of that choice.
The best advice I can give you is to seek some legal advice because this probably varies state to state.
Its me, the poster :) Thank you.
What were her consequences if she was uncooperative in the court room? I am definately attending, I just dont want to get in the witness box but I am not sure if that is even allowed or if there are consequences for that.
Pretty much what the below commenter said - she either faced the prospect of contempt of court or obstruction of justice. Depending on the laws in your state, that may result in a fine or something more serious like facing your own criminal charges.
As I said, get yourself some legal advice or even representation. There may be a way for you to appear via video link, I know that can be an option under some circumstances.
Good luck though, I know appearing in court can be incredibly stressful.
If you don't, you could be charged with obstruction or contempt. If you lie, purgery.
You want us to keep our opinions to ourselves yet give you advice on how to get out if testifying?
You saw something, right or wrong. You should speak to the prosecutor and I hope when you become a victim, you don't have to rely on a witness.
Oh, so you read that part, right? Then I dont understand why keeping your opinion to yourself was so difficult for you to understand.
Did I say there was a victim? No.
Jog on, now.
I was summoned to give evidence. after contacting the firm on the paperwork I found out I could write a witness statement, have it signed by a jp and not have to appear in court. found this way easier.