Testimonies are critical in prosecuting cases; sometimes, they are the only evidence the prosecutor has, meaning some cases could be dismissed without testimony, preventing justice delivery. Failure by a victim or witness to testify interrupts court processes, leading the court to issue a subpoena, ordering the victim to appear for testimony. As a witness in a case, you can decline to testify for many reasons. However, how does the decision not to testify or disregard a subpoena affect the case? Will the DA drop the case?

The court will hold you in contempt, a misdemeanor violation that carries jail confinement and monetary court fines. Besides, the court can order your arrest and detention to compel you to testify. Nevertheless, an exception applies to domestic violence (DV) or sex crime victims. The court cannot force these individuals to testify, although they can face penalties for non-compliance. Below are circumstances when the court can force you to testify, the legal penalties for disregarding a subpoena, and individuals exempt from testifying.

Understanding Subpoenas

Can the court force you, a victim or witness, to testify? The answer is maybe. The events that happen after your refusal to testify depend on various factors, such as:

• Your case’s circumstances
• Additional evidence to back the case
• The type of charge against the defendant
• Defendant’s criminal record
• The number of witnesses and the strength of their testimony
• The witness’s availability
• The victimized party’s readiness to testify
• The DA’s policy on continuing with the case in the victim’s absence

When you decline to testify, the court serves you with a subpoena. A subpoena is a federal or state court order directing a victimized or witness party to produce documents or physical evidence to support a case. It can also direct you to present yourself for a criminal proceeding in court or testify.

Can the judge force you to testify or appear? They can force you to testify after informing you of the required testimony. When you decline to testify even with a subpoena, the DA could be forced to drop the charges if your statement is their only proof. However, you will face charges for contempt because of the intentional disregard of orders by the court.

Fear or love can force you to decline to testify. If you are in a marriage or related to the defendant, you will find it hard to testify against them because of your love for them. Besides, you fear they could retaliate or be deported if convicted. Nevertheless, you cannot dictate the case’s course, even if you are the victim. The DA must decide what happens, although they will consider your input through victim-impact statements.

Legal Definition of Contempt

Contempt is a crime with a broad definition, but basically, it means disobeying court orders without justification. If found guilty, you risk a monetary court fine and jail confinement until you agree to testify or the judge disposes of the matter.

When the trier of facts serves you with a subpoena directing you to testify and you still decline, they will hold you in contempt. However, as much as a subpoena binds you to testify or appear, specific legal reasons excuse you from testifying. The Fifth Amendment gives you the privilege against self-incrimination. Therefore, if you are a witness in a grand jury and have been subpoenaed to testify, you can invoke your 5th Amendment right to prevent self-incrimination. Besides, medical, attorney-client, and spousal privileges relieve you from the testimony responsibility.

If your refusal to testify is due to fear, inform the court to provide protective measures that guarantee your safety.

Contempt of Court Elements

Before securing a guilty verdict against you for contempt, the prosecutor should show you engaged in behavior interfering with court processes or undermining the judge’s authority. The facts of court contempt the DA proves are:

You Intentionally Disobeyed a Legal Court Order

The most critical element in contempt that the prosecutor proves, especially where the charges are due to failure to testify, is that the violation of the court injunctions or subpoena was deliberate or willful. Not showing up to testify or provide the court with physical documents is contempt, mainly if you were served with a subpoena. The prosecutor should show you knew what was expected of you from the orders, whether to provide physical evidence, testify, or show respect to the court’s nobility.

Your Actions to Disrespect the Court Were Intentional or Willful

The DA should show that the disobedience of the court orders was intentional or due to negligence. You are not in contempt if you forgot the court date or did not receive the subpoena to testify or appear. However, the prosecutor will secure a guilty verdict for contempt if you had no valid lawful reason for the disobedience.

Your Disobedience Interrupted Court Business or Dented the Court’s Authority

The prosecutor should prove that you interfered with the court's business by refusing to testify or disobeying a subpoena, harming its dignity and authority, and hindering justice delivery. For instance, if you publish a false report on a court hearing, you will be guilty if the prosecutor can connect your actions with the hindrance of the court’s capacity to proceed.

Apart from declining to testify, other conducts that amount to contempt are:

• Misbehaving, showing contempt, or disrespectful behavior before the trier of facts that interferes with the court’s business or procedures. It could be you were dressed inappropriately or used obscene language or any other conduct that disregards the dignity and authority of the court.
• Violation of peace in court through noise or physical interference, like causing a disturbance near the courtroom where a hearing is ongoing, like in a lobby adjacent to an obsession courtroom.
• Declining to take oath as a witness or to answer queries directly impacting the court’s decision on the matter in question. Nevertheless, refusal to be sworn in or cross-examined can be an acceptable legal reason if you exercise your 5th Amendment right.
• Publishing false reports that hurt the fair dispense of justice, interrupt court business, or dent the trier of facts’ nobility is contempt.

Legal Penalties For Contempt of Court

When the prosecutor successfully proves all the case’s elements and the trier of facts finds you guilty, you risk misdemeanor penalties, including monetary court fines of at most $1,000 and jail incarceration for no more than six months.

Alternatively, the court can confine you until you comply with their injunctions or subpoena. Arizona law states that when contempt entails a refusal to undertake an act in your authority, it can result in confinement until you agree to perform the task. So, if you refuse to testify, the court can imprison you until you comply.

Also, the trier of facts can force compliance by ordering you to refund court and attorney fees linked with the contempt case. Adding these fees to your penalties allows the court to compel you to testify.

Furthermore, as a victim, when convicted of contempt, you lose dependability, and this could impact the ongoing criminal case as the jury will not see you as a reliable witness if you are forced to testify. Judges also lose trust in you, attracting more scrutiny of your conduct. If you appear before the same judge in the future, they could be less lenient, meaning the refusal could hurt your future cases.

A guilty verdict for contempt will adversely affect your credibility as a witness. The opposing legal counsel or prosecutor will refer to the contempt conviction or charge to undermine the reliability and integrity of your testimony. The prosecutor could also intensify the cross-examination, leading to harsher interrogation questioning your motive as a witness or victim. These will affect the decision of the trier of facts during trial and sentencing if the defendant is found guilty.

The ramifications of contempt will affect you even after the court case, mainly if the conviction is public. The guilty verdict will dent your career, family, and social life. Additionally, the financial burden of a conviction will strain your finances. Besides, the matter will weigh on you emotionally, making the issue even more difficult.

Valid Legal Defenses

A charge is not hopeless. You can contest the charges by showing you had justified reasons for not testifying or that you enjoy legal protection from testifying. However, you require a competent criminal attorney by your side to put up a successful defense. The defense strategies the attorney will mount are:

1. The Violation Was Not Intentional or Willful

You are not guilty of refusing to comply with court orders if you could not obey because of a genuine misunderstanding of the orders or reasons you could not manage. Your attorney should show your noncompliance was because the subpoena had the wrong date or you were sick and could not attend court. A copy of the subpoena with the incorrect dates or medical records can prove this argument.

2. The Questioning was Irrelevant or Immaterial to the Case

If the questioning is irrelevant to the case, there is no point to testifying. Valid testimony must have a direct relationship with the matter in court. So, if the details they sought are immaterial, refusing to testify is justifiable. The problem is that the opposing counsel can ask questions that appear irrelevant to the case but are critical later in the questioning. Therefore, your attorney must show that the questioning is immaterial and will not significantly impact the case.

3. Testifying Would Divulge Privileged Information

Spousal privileges protect you from being forced to testify against your spouse. Attorney-client privileges safeguard all consultations with your attorney, while doctor-patient privileges keep any critical information confidential. If you enjoy these privileges, you cannot be forced to testify; thus, you are not guilty of contempt.

4. You Enjoy Fifth Amendment Protection

The 5th Amendment protects you from divulging information that could be self-incriminating. Your attorney can, therefore, plead the fifth if your agreeing to testify in court would disclose details that the prosecutor could use against you. However, the right against self-incrimination will only apply if the questioning exposes your criminal culpability.

Using this defense comes with its risk. By saying that testifying could incriminate you, you are silently confessing to an offense relating to the line of questioning. 

Exceptions for Refusal By a Victim to Testify

Sexual assault and DV victims are exempt from forced testimony to keep them safe. You cannot go to jail or be confined to compel you to testify as the system assumes you are still experiencing trauma, and criminal penalties could exaggerate the suffering.

However, the court will take measures to help you testify. They could take you to a counselor to help you deal with the trauma. Additionally, they will explain the legal consequences of not testifying to help you decide. Even if you are the victim of a crime, refusal to testify after these efforts could lead to fines.

If you are wondering whether to testify after being victimized, speak to your attorney to explain your rights and the legal options you can explore.

Case Dismissal Because of Failure By Victims to Testify

DV and sexual assault cases happen privately, where the parties present are the victimizer and the victimized. So, as the victim, your account of the events is crucial in the case, making you a key witness. If you do not testify and the only evidence the prosecutor depends on is your testimony, they will have no other option but to drop the case.

Luckily, many cases have additional and crucial evidence on top of the victim's testimony. The DA can utilize this alternative proof to continue with the case. The alternative evidence includes:

• Damaged property
• Images of physical injuries
• Physical proof of the violation
• Testimony from bystanders or witnesses
• Police officer testimony
• Audio or video footage of the crime scene
• Narrative from friends, family, and neighbors
• Emergency services personnel testimony

Even without your testimony, this evidence can build a strong case against the defendant, meaning the prosecutor will continue with the case. 

Find a Proficient Criminal Attorney Near Me

The legal consequences of refusing to testify are life-altering, even though the decision can seem simple. Based on your case’s facts, the court can subpoena you and, if you still refuse to testify, charge you with court contempt. The decision could also hurt your case, preventing the administration of justice. If you are in this situation, you must talk to an attorney to understand your rights and legal responsibilities.

At Phoenix Criminal Attorney, we can guide you to make the right decision while protecting your privileges and interests. Call us at 602-551-8092 for tailored legal advice and representation.