You may be called as a witness in a court case if you see someone commit a crime or have valuable information relevant to the case.
Witness testimony plays an essential role within our legal system. Your information can assist the court or jury in understanding a case and in making their decision.
As a witness, you may receive a subpoena or summons to witness. This legal document will explain why you’re being called as a witness, who is requesting it, and whether you need to bring anything with you.
Here are your primary rights as a witness.
The right to avoid self-incrimination
If the information you’d provide would potentially incriminate you, you may assert your Fifth Amendment right to not testify against yourself and decline to answer a question. Sometimes this is called “pleading the fifth.”
However, the answers must pose a significant and real risk for this right to apply. Additionally, you will be required to answer questions that do not relate to any possible self-incrimination.
The right to not be harassed
In general, witnesses should not be threatened, belittled, or repeatedly presented with the same question during a direct or cross-examination.
Additionally, rape shield law guidelines can be in effect in situations of sexual assault. For instance, attorneys may not inquire into a witness’s sexual history other than with the accused, sexual inclinations, or the number of partners.
The right to consult a lawyer
As a witness, you may consult a lawyer in a criminal proceeding due to the Sixth Amendment.
Depending on your situation, an attorney can help you navigate the situation, ensuring your interests are protected, providing the right level of information, and helping you prepare. Consulting with a lawyer can also help if you’re concerned your testimony may incriminate you.
That said, you may or may not be able to have a lawyer present during your testimony. For instance, you don’t have the right to have a lawyer present if testifying before a federal grand jury.
Additional potential witness rights in special circumstances
If you’re a witness who experienced a psychological, financial, or physical injury as a result of the crime, you may have additional rights and protections, such as:
- Separate waiting room in the courtroom if possible
- Protection by the witness protection initiatives
- Financial support from the Crime Victims Compensation
