If you receive an order from the judge to testify in a criminal trial, you must go to court at the date, time and place indicated on the application. It is your duty to participate in the smooth running of the trial. If you do not do this, you risk being arrested by the police and forcibly brought before the judge.
Go to testify? it’s an order of the judge!
When a lawyer asks you to testify in a criminal trial, you can agree to go voluntarily. In such a case, you will not necessarily receive a judge’s order to testify (also called a “subpoena” a “subpoena” or “subponea”).
If you do not want to testify voluntarily or if a lawyer wants to make sure that you will actually appear before the judge at the agreed time, you may be given a subpoena .
The subpoena is a document in which a judge orders you to testify. This document is sent to you by mail, by a police officer or by a bailiff. It contains important information such as the date, time and place where you must go to court to testify. The document may also indicate certain items or papers that you will bring with you and present to the judge.
The assignment? it’s an order of the judge! You have an obligation to respect it.
Impossibility and refusal to testify
When you receive a subpoena , there may be a major reason that prevents you from going to court. For example, if you have surgery that day.
If this is the case, you must ask the judge to cancel the assignment.
Warning! As long as the summons is not canceled, you still have to go to court to testify.
In all cases where you are required to testify and you do not do so, a judge may issue a warrant for arrest against you.
This means that police could arrest you and take you to court. In addition, you may have to pay a fine, or even be imprisoned for having impeded the smooth running of the trial!