Legal Question in Criminal Law in Michigan

Can I be forced to be a witness in a criminal matter?

Asked on 6/07/12, 8:40 am

2 Answers from Attorneys

Charles Kronzek Kronzek & Cronkright P.L.L.C.

Yes, unless there is some Constitutional right that you can invoke or some statutotry priviledge. Either side can subpoena you. You can read more about the process in a criminal case in Michigan at:

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Answered on 6/07/12, 8:56 am

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney

If you are served with a subpoena, that's a court order for you to attend the hearing. You may have a factual and legal basis to object to the subpoena, so talk to an attorney about filing a motion to quash the subpoena (which, ironically, would likely require you to go to the same court to argue your motion). If you have a legal reason to not answer the questions you expect to be asked in the criminal matter, you should also consult with an attorney. For example, you might be asked to testify about events that would put you at jeopardy of being charged with a crime yourself, so you might have a basis under the US Constitution's Fifth Amendment to not answer those questions.

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Answered on 6/07/12, 9:23 am

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