Ohio  |  Criminal Law

Legal Question

Asked on: 8/30/11, 3:27 pm

Do I have to testify as a witness for the state even if I don't want to

1 Answer

Answered on: 8/30/11, 3:39 pm by Timothy Hess

The Prosecution and defense both have the power, through the court by way of subpoena, to compel a citizen to appear in court and testify. If you receive a subpoena and fail to appear, the court can hold you in contempt until you do testify. They can also send out a black and white taxi (police car) and pick you up and haul you in to court. Unless your testimony could incriminate you in some way where you could refuse to testify under the Fifth Amendment of the Constitution, you have to testify.

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