Legal Question in Criminal Law in California

Taking the oath in murder trial

I have been subpoena to testified in a murder trial. If when sworn in by the clerk when they ask you to swear to tell the truth, what if I say ''no'' will I get into trouble? If I tell the judge I can't honestly swear I will answer every question and as honestly as I can.

Is there any out for me so I don't have to testify. My testimony has nothing to do with the murder itself only about the defendants character.


Asked on 5/26/07, 11:19 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Taking the oath in murder trial

The only correct answer when asked if you swear to tell the truth, the whole truth and nothing but the truth is "I do". Witnesses are required by law to testify truthfully and to the best of their abilities. They have no choice in the matter.

Imagine that someday you are the one on trial and that you have been falsely accused. Would you want a system that allowed witnesses -- including your accuser -- to testify falsely or incompletely? I very much doubt it. This is why the Constitution allows defendants to make witnesses come to court and testify truthfully. The rules that protect you as a defendant will also burden you somewhat as a witness, but the duty to testify truthfully if called upon to do so is an obligation we all have.

If you say no -- and if you stick to this answer after being warned by the court -- you will be held in contempt and jailed until you change your mind. Be sure to bring a toothbrush and some reading material if this is your plan.

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Answered on 5/26/07, 11:39 pm


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