Legal Question in Criminal Law in Florida
can a witness in a criminal case who is not the victim nor the defendent refuse to testify? What can happen if the person leaves state to avoid testifying?
Asked on 4/05/10, 8:08 am
1 Answer from Attorneys
Craig Epifanio
Craig Epifanio, P.A.
Any "witness" does not have a Fifth Amendment privilege to refuse to testify. This is enforced through contempt proceedings. If the person leaves the state, then they could be held in contempt IF they are validly subpoenaed to appear for a deposition or hearing. If they are not subpoenaed, then contempt would not apply. Now whether the state would pursue contempt proceedings is another matter entirely.
Answered on 4/10/10, 8:19 am
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