Legal Question in Criminal Law in Michigan

Can the court arrest a witness in court with a previous warrant?

False allegations have been made about me by my ex, who is petitioning the court for a restraining order against me. Although I have a great deal of supporting evidence to refute these allegations (including witnesses, correspondence, and testimony from a couples counselor), one of my key witnesses has an old shoplifiting charge which may prevent her from attending the hearing.

My question is:

a) Can the court arrest a witness testifying in a civil trial, for a previous misdeamenor warrant?

b) Can this individual provide a deposition to the court if attending court would be cause for arrest?

c) Does this existing warrant ultimately damage the credibility of testimony from this witness all together?


Asked on 10/03/00, 1:14 pm

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Can the court arrest a witness in court with a previous warrant?

Yes. A witness in a civil suit may be arrested for an outstanding criminal warrant. Based upon the information that you provided it is highly unlikely that the court would be aware of the outstanding misdemeanor warrant. It is not normal practice in Michigan for the court to run a lien check on witnesses in civil litigation.

Depositions may be used in civil litigation for witness testimony. Talk with your attorney regarding this issue and how best to proceed.

The outstanding warrant could be used to impeach your witness under the theory of prior bad acts. Since the crime of shop lifting is a theft crime it could raise some doubts as to your witness's credibility. The trier of fact can discount all or a portion of your witness's testimony or can believe it in its entirety

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Answered on 10/31/00, 7:34 am


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