Legal Question in Criminal Law in Missouri

If a plaintiff does not show up to the original trial date and stated she did not want to testify, is it legal for the police to contact and arrest them, holding them until they agree to testify at the next trial date?


Asked on 3/14/13, 10:51 am

1 Answer from Attorneys

Anthony Smith LawSmith

In a criminal case the State is the Plaintiff. Perhaps you are referring to the victim. If a person makes a police report and then refuses to appear at trial and give testimony, they can be charged with a crime or the judge can find them in contempt. Often people are directed to appear as a witness by subpeona, which could be served by a police officer. A Court that finds a witness in contempt for ignoring a subpeona could issue an Arrest Warrant for failure to appear. But, the concept of arresting a witness, without a Contempt Order or Arrest Warrant, and holding them until they promise to testify is strange. It is something that the defendant's attorney should address with the court, as well as the Witnesses' attorney.

Good luck

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Answered on 4/05/13, 11:53 pm


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