GuyWithQuestions
Member
- Joined
- Jul 24, 2006
- Messages
- 451
I was just thinking about this the other day since I'm a believer in practicing your rights. You always hear that if you're the suspect in a firearm's self-defense case, talk to an attorney before talking to the police because under all of that emotion, you may say something that you didn't mean and it could get misconstrued. But what about if you're a witness (for example a self-defense case) and the police try to ask you some questions for whatever reason? I know that if you're the suspect you can't be forced to testify against yourself while if you're a witness a testimony can be subpoenaed out of you. If you're a witness and you're afraid that you'll say something stupid that will be used to convict an innocent person because you're afraid you won't describe what you saw adequately, can you legally say that you won't speak without a court order? Could you get in trouble for saying that? Would they say that you are guilty of the obstruction of justice, even though you didn't get in the way but refused to talk without a judge's orders? Can they use the fact that that you requested a subpoena as evidence against your testimony in a court of law? I'm wondering if a witness's rights are similar or different to when they say if you're charged to talk to a lawyer before the police?
I know that there's probably no reason why you wouldn't want to talk to the police right away in almost all situations if you're a witness, but I'm just wondering what your rights are if the police come up to you to ask you some questions.
I know that there's probably no reason why you wouldn't want to talk to the police right away in almost all situations if you're a witness, but I'm just wondering what your rights are if the police come up to you to ask you some questions.