Legal Question in Criminal Law in North Carolina
Subpoena for witness
I have been subpoenaed to testify to a trial that is the state v. defendant. I have been subpoenaed by the defense attorneys. Does the fifth amendment right to silence apply to my unwillingness to testify? This testifying is several counties away and will create a financial hardship for me to go.
Asked on 9/30/03, 6:31 pm
1 Answer from Attorneys
Jim Griffin
The Law Office of James L. Griffin
Re: Subpoena for witness
The purpose of the 5th is to prohibit the state from forcing you to incriminate yourself. It is not a general rule of silence and is probably inapplicable in this situation. Financial hardshisp is not a reason to disobey the subpoena. If you have evidence that is helpful to the defense without incriminating yourself, you can likely be made to testify.
Answered on 10/03/03, 11:28 pm
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