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Under New Jersey law (N.J.S.A. 2C:28-5), tampering with witnesses occurs when a person knowingly attempts to induce a witness to testify falsely, withhold information, or evade legal process.
If you've been subpoenaed, notify the prosecutor in writing that you are invoking your Fifth Amendment privilege and will not be providing the requested testimony or documents. Be sure to assert your rights properly, or you could be compelled to cooperate anyway.
4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.
For instance, physical evidence can include things like hair, fingerprints, DNA or even a murder weapon. Compelling physical evidence is often difficult for the defence to overcome. But physical evidence is not necessary for a conviction.
A witness who refuses to testify can be held in contempt of court. The courts don't make it easy for witnesses to just decline to testify. Generally speaking, witnesses will be issued a subpoena to appear and ? should they refuse to attend to refuse to testify ? they can be charged with contempt of court.
The summons orders the person to testify. In some cases, the judge can take steps to force the victim to testify. If exceptional circumstances prevent the victim from going to court that day, the victim should contact the criminal and penal prosecuting attorney before the trial to ask to be excused from court.
If you don't go to court when you are supposed to, the judge can charge you with contempt of court and issue a warrant for your arrest. Ask the lawyer who subpoenaed you if you are eligible to apply for witness expense assistance.
Don't Ignore a Witness Subpoena That means failure to comply with the subpoena could subject you to a show cause hearing?where you will be summoned before the judge to explain your failure to appear or even to punishment for contempt of court.