Do I have to testify in a criminal case if I wasn’t subpeonaed?
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Do I have to testify in a criminal case if I wasn’t subpeonaed?
I was a witness in a murder trial 5 years ago and testified. The defendants were found not guilty. A new case is happening and they want me to testify tomorrow but they didn’t send me a subpeona. Do I have to testify? I really don’t want to.
Asked on December 6, 2012 under Criminal Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country if you were not served with a trial subpoena to attend trial then you are under no legal obligation to attend the hearing to give testimony that you have written about. As such, you can plan on doing what you normally intended to do the day of trial.
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