Expert: Robin Sexton - 8/1/2009

Question
I have a subpoena and d not want to be a witness. I just started a new job and can't afford it for one, also I fear the person will retaliate and knows where I live, I would fear for my family and property. There are other witnesses that still work for company and will be paid. What is the jail time for contempt of court? Is there any legal way to get out of this?

Answer
Jo,

I do understand your concerns and so do the police and prosecutors in your area. There are legal ways to have a subpoena quashed but i doubt that you would qualify.  It would also require you to obtain an attorney.  The penalty is contempt of court and varies by jurisdiction and state.  IF the judge finds you in contempt in my jurisdiction it could be up to 90 days in jail.  However that punishment is rare.
I wont go in to all the reasons that you should testify you know them.  The best advise i can give is for you to call the prosecutors office. Most of them have witness advocates or liaison.  Talk to them, most cases never go to trial they are pled out.

Sorry i can't be more hopeful

good luck

robin