I’ve Been Subpoenaed as a Witness in a DC Criminal Case

I’ve Been Subpoenaed as a Witness in a DC Criminal Case

Getting a subpoena to testify as a witness can be scary and intimidating. But don’t panic! This article will walk you through what to expect and how to prepare if you’ve been called to testify in a DC criminal case.

What is a Subpoena?

A subpoena is a court order requiring you to appear in court on a specific date to give testimony or provide documents. There are two main types of subpoenas:

• Subpoena to Testify – You have witnessed something relevant to the case and are being called to testify in court.
• Subpoena Duces Tecum – You must provide certain documents or records you have in your possession.

If you’ve been subpoenaed as a witness in DC, you’ve likely received a “Subpoena to Testify” to provide verbal testimony in court. Ignoring a subpoena can lead to being held in contempt of court, which means fines or even jail time – so you must respond!

You’ve Been Served – Now What?

The first step is don’t ignore the subpoena! Get in touch with the lawyer or party that issued it so they know to expect you. This is also a good time to bring up any scheduling conflicts, health issues, or other barriers to appearing on your given date.

Next, figure out if you’re being called by the prosecution or defense. This will shape your preparation. The subpoena should say which party issued it – if not, call the court clerk.

Then, ask the lawyer to clarify what topics they’ll be asking you about. They may not reveal their full strategy, but knowing the scope of questioning will help you get ready.

Educate Yourself on the Case Details

Do your homework – read up on the case so you understand the charges, parties involved, timeline of events, etc. News articles can provide an overview. You can also search online court records or visit the courthouse to read the official filings.

This background will help you recall relevant details and answer questions more precisely. It also prevents surprises in court!

Refresh Your Memory of the Incident

You likely received the subpoena because you witnessed something important to the case. Jot down what you saw, heard, or know about the incident while it’s still fresh.

Refer back to these notes as you prepare. Don’t discuss the details with anyone besides the lawyers – you want your testimony to come directly from your memory.

Know Your Rights and Responsibilities

It’s crucial to understand your rights and responsibilities as a witness:

• You must answer all questions truthfully. Lying can lead to perjury charges.
• You can refuse to answer questions unrelated to the case at hand.
• The lawyer may ask leading questions – answer only with “yes” or “no”.
• If you don’t understand a question, ask for clarification.
• You can request breaks during long or stressful questioning.

You must answer all relevant questions, even if the answers seem damaging to the case. Your role is to provide facts – not determine guilt or innocence.

Anticipate Tough Questioning

Expect the lawyers to ask challenging questions that deeply probe your version of events. This is their job!

Practice thinking on your feet and staying calm under pressure. Consider doing a mock cross-examination with someone playing the role of the attorney.

Having responses ready for difficult questions will prevent you from becoming flustered on the stand.

Review Documents and Records

If you’re asked to produce records for the case, gather them early. Examples may include:

• Emails
• Text messages
• Police reports
• Medical records
• Financial statements

Make copies of anything you provide. Review the documents to refresh your memory of their contents before testifying.

Dress Professionally

You want the judge and jury to see you as a credible, respectable witness. Wear clean, pressed business attire – suits for men and equivalent professional dress for women.

Arrive Early!

Give yourself extra time to get through security and find the right courtroom. Better early than late – a delay could lead to a bench warrant for your arrest!

Once settled, turn off all electronics. Remain quiet and avoid interacting with the parties involved.

Take the Oath Seriously

When called, take the witness stand. Raise your right hand and solemnly swear or affirm to tell the truth.

Giving false testimony under oath is perjury, a felony carrying fines and jail time. Answer all questions honestly!

Speak Clearly and Confidently

Sit up straight and speak loudly enough to be heard by the entire room. Use clear, direct speech and avoid rambling.

It’s normal to feel nervous! Take a breath to gather your thoughts before responding if needed.

Tell Only What You Know

You can only provide factual testimony based on your direct knowledge. It’s okay to say “I don’t know” or “I don’t remember” if you genuinely don’t have the information.

Don’t speculate or guess – stick to the facts. If pressured, reiterate you can only testify to what you personally experienced.

Review and Sign Your Transcript

A court reporter will document everything said during the proceedings. You’ll have a chance to review the transcript and sign it, swearing it’s accurate.

Read the transcript closely before signing to correct any errors by the court reporter.