Legal Question in Criminal Law in Maryland

Witness refusal

How can you get out of being a witness? Can you refuse to answer or testify?


Asked on 6/29/09, 9:26 pm

2 Answers from Attorneys

William Welch William L. Welch, III Attorney

Re: Witness refusal

Unless your answer is privileged by law, then you may be held in contempt of court for refusing to testify. Privileges include attorney/client, doctor/patient, self-incrimination ("taking the 5th"), and spousal. An internet forum is not the place to determine whether you may exercise these privileges.

Seriously consider consulting a criminal defense attorney who can investigate the particular circumstances of your situation.

I am providing this general information as a public service. It is not a comprehensive statement of the law. No one should rely on these materials as legal advice, instead of consulting with an attorney.

You can search for criminal lawyers in your state at lawguru.com. When you get a list of the ones near you, make appointments with some and retain the one with whom you are the most comfortable.

I practice in Maryland, and I offer an initial consultation that is confidential, free, and without obligation. Contact me directly to make an appointment.

My posting a response does not constitute legal representation. I am not your lawyer, unless we have made a retainer agreement, and my retainer has been paid.

In order to protect your confidentiality, you should not write about what you have or have not done, nor should you write about the details of your case. In addition, you should not speak to anyone about these things, unless you have either retained the other person as your lawyer, or unless you are inquiring about possible representation by the other person.

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Answered on 6/29/09, 9:51 pm
William Welch William L. Welch, III Attorney

Re: Witness refusal

My previous answer dealt with testifying, which means appearing in court to answer questions under oath in response to a summons or subpoena.

If anyone else asks you questions, including the police, you do not have to answer them. If you have already hired an attorney, direct all questions to your attorney. If you have not hired an attorney and the police are trying to question you, tell them that you want an attorney.

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Answered on 6/29/09, 10:02 pm


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