Question: Can The Police Force You To Make A Witness Statement?

Can I refuse to give a witness statement?

If you do report a crime to the Police, or provide a statement as a witness, you need to be aware that this means you can be asked to give evidence in court against the offender, you can be subpoenaed (or legally required) to attend, and arrested if you fail to do so..

What happens when you give a witness statement to the police?

Giving a statement A witness statement is your written or video recorded account of what happened to you or what you saw / happened. The police will ask you questions and write down what you have said. You will be asked to read it and sign it with your name. … Your witness statement may be used as evidence in court.

What happens if you are subpoenaed and don’t want to testify?

Information for the person subpoenaed When served with a subpoena, you must comply with it. If you do not comply with a subpoena, a court may issue a warrant for your arrest, and order you to pay any costs caused by your non-compliance. A court may also find you guilty of contempt of court.

Can I refuse to accept a subpoena?

You cannot “refuse to accept” a subpoena. The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her face.

Can you be found guilty on circumstantial evidence?

The notion that one cannot be convicted on circumstantial evidence is, of course, false. Most criminal convictions are based on circumstantial evidence, although it must be adequate to meet established standards of proof. See also hearsay.

Can a written statement be used as evidence?

Usually a written statement has to be notarized in order to be used in court. However, if there is a trial then the person would have to be present to testify and be cross-examined by the other side.

Is a witness statement enough to convict?

Witnesses are evidence. Their evidence is eyewitness testimony. The rule says that one witness is enough to convict, if the jury believes that witness. … People have been convicted of crimes on the testimony of a single witness without any physical evidence.

Do I have to go to court if I give a statement?

Just because you’ve given a statement doesn’t mean the police will ask you to give evidence in court. They’ll contact you if you have to go to court to give evidence – this can take some time.

What happens after you make a statement to the police?

If you give a written statement, the police will normally ask to come to your home or ask you to visit the police station. … Once the statement has been written, the police officer will ask you to read it to check it’s accurate. You can ask the police officer to read your statement to you.

Do witnesses have to talk to police?

For Witnesses, No Duty to Report Thankfully, the law does not require any witness to a crime to call 911 or speak with the responding officer. If a witness wishes to remain anonymous, there is no duty to offer up personal identifying information unless an officer asks.

What happens if you don’t give a statement to the police?

Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it.

Is a witness statement evidence?

Unlike the Affidavit, the witness does not swear to or affirm the truth of the contents of the Witness Statements. … When the case comes on for hearing, the Witness Statement is tendered as evidence (as opposed to being read as an Affidavit is).

How can I get out of a witness subpoena?

If you ignore the subpoena, you can be held in contempt of court. This does not mean that you don’t have recourse if you are concerned about complying with a subpoena. If there is a legal reason that would permit you to avoid testifying or providing documents, you can file a motion to quash the subpoena.

Can you lie to a cop?

The crime requires that the person making the false representation knows that the person to whom the false information is given is a peace officer engaged in his or her duties as a peace officer. Violation of this section is a misdemeanor punishable by up to six months in jail and a $1,000 fine and/or probation.

Will police tell who called them?

The police officers on the scene will never tell a criminal who called about them or even how it is that the police learned about the crime. … The police officer himself usually won’t know who called until after the call. That information just isn’t important to him at the time.

Can the police refuse to take a statement?

No matter what the police may tell you, there is no such thing as giving a police officer a statement that is “off the record”, and they will try to use those statements to convict you if you are charged with an offence. It will not make you look guilty if you refuse to provide a statement to the police!

Do I have to be a witness if I don’t want to?

You have to go to court unless the lawyer who subpoenaed you tells you don’t have to be there. Call him or her up and find out why you were subpoenaed. If you don’t agree with their reasoning, you can always ask the judge to be excused, but don’t just not show up. You may risk getting thrown in jail.

What are your rights when subpoenaed?

If a person is compelled to appear and testify in court or other legal proceeding, they are under a legal obligation to do so. If a subpoena requires that a person produce certain documents or other items, they are legally required to do that as well. Failure to comply with a subpoena is a criminal matter.