A loud knock on your door catches you off guard. Moments later, you’re handed a subpoena requiring you to speak as a witness at a grand jury, hearing, or trial. This subpoena could come from the prosecution or the defense in a state or federal criminal case. It’s important to understand your subpoena witness rights before appearing, as they can impact how you respond and what you’re obligated to disclose.
Who Can Be Subpoenaed as a Witness?
Anyone with information relevant to a criminal case may receive a witness subpoena. You may be subpoenaed if you:
- Were involved in events related to the case
- Witnessed something of the case
- Have documents or evidence relevant to the case
- Had conversations with individuals involved in the case that may be important to the proceedings
If you receive a subpoena, it’s essential to understand your next steps.
What to Do After Receiving a Witness Subpoena
The first thing you should do is determine why you are being summoned. Your subpoena will specify whether you are being called as a witness for:
- The Commonwealth of Virginia
- A city, county, or town in Virginia
- The defendant
- A juvenile
The subpoena will also list the name of the party requesting it. As you review the document, consider the following questions:
- Are you being called as a witness to a traffic accident?
- Is it for a federal investigative grand jury?
- Is it a state or multijurisdictional grand jury?
- Who is the defendant?
- What role did you play in the events leading to the subpoena?
These questions will help you determine your course of action.
Do Not Ignore a Witness Subpoena
A witness subpoena requires you to go to court and testify at a specified time and place. It is still legally binding even if it does not have a judge’s signature.
Failing to comply could result in a show cause hearing, where you must explain why you did not appear. You may also face penalties for contempt of court. Ignoring a subpoena is not an option.
However, if you have been a victim of a felony, assault, stalking, sexual battery, DUI, or a violation of a protective order, you may have additional rights and protections, including:
- Witness protection programs
- Separate waiting areas in court (if available)
- Financial assistance through Crime Victims Compensation
- Employer intercession services to minimize lost wages from court appearances
- Notifications of court proceedings and an offender’s release or escape (upon request)
- Courtroom assistance, including interpreter services and confidentiality protections for your personal information
- The option to share a statement about how the crime affected you after the defendant’s conviction
Do You Need a Criminal Defense Lawyer?
Most witnesses do not need an attorney. However, some witnesses may be at risk of self-incrimination by testifying.
For example, if you were involved in a criminal act but were not charged, your testimony could lead to charges against you. Additionally, if you previously gave inaccurate or misleading information to law enforcement, truthful testimony under oath could expose you to obstruction of justice or perjury charges.
If you are concerned about self-incrimination, you may have the right to invoke the Fifth Amendment to avoid testifying.
How a Lawyer Can Protect You
A skilled lawyer can assist in many ways, including:
- Negotiating an immunity agreement with prosecutors, ensuring your testimony cannot be used against you in the future
- Asserting your Fifth Amendment rights in court to protect you from answering incriminating questions
- Advising you on how to proceed before speaking with investigators, prosecutors, or lawyers from the opposing side.
If you have received a witness subpoena and are unsure about the potential consequences of your testimony, contact The Law Offices of Krum, Gergely, & Oates at (703) 988-3711 for a consultation. A skilled criminal defense lawyer can help keep your rights safe and guide you through the legal process.
