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Does
witness of a crime have rights? What should I do if
I am afraid to testify?
Yes, a witness has certain rights. For information
on the rights of crime victims and witnesses, contact
The
Board of Victim Services or the victim/witness
coordinator of State's
Attorney office. If you are afraid to testify,
you should contact the State's Attorney for assistance.
What
happens if I get a subpoena to appear as a witness?
A
subpoena to appear as a witness is a court order and
must be obeyed. Failure to appear in court in response
to a subpoena could place you in contempt of court.
The subpoena may contain information or instructions
about the trial. You should try to follow these instructions
as it may save you time.
What
should I do if I am unable to appear on the scheduled
date?
You should contact the attorney who has called you
as a witness as soon as possible. If you are being
called as a witness for the state, contact the
State's Attorney in the county where the trial
is scheduled.
Do
I have to appear in court if I already gave a statement
before the trial or gave a statement to the police?
Yes.
Under our system of justice, the law requires a witness
to appear in court and present the evidence under
oath. In this way all parties in the case have an
opportunity to question the witness. So even though
you may have given a statement about the facts of
the case, your presence at the trial is still necessary.
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