What to Do if You Are Subpoenaed as a Witness in a NYC Criminal Case

What to Do if You Are Subpoenaed as a Witness in a NYC Criminal Case

Being called as a witness in a criminal case can be scary and confusing. You might feel anxious about testifying, especially if you don’t understand the legal process. This article will walk you through what to expect and do if you receive a subpoena to testify as a witness in a New York City criminal case.

You Can Review Any Documents, Photos, or Other Evidence

As a witness, you have a right to review any documents, photographs, or other evidence that relates to your testimony. This allows you to refresh your memory so your testimony is as accurate as possible.

Ask the attorney if there is any evidence you should review before testifying. If possible, schedule a time to meet with them beforehand to go over everything.

Consider Hiring Your Own Attorney

As a non-party witness, you technically do not need to hire your own attorney. But it’s often a good idea, especially if:

• You may incriminate yourself during testimony
• You feel intimidated or harassed by the attorney or party who subpoenaed you
• You could provide testimony that hurts your own interests

Your attorney can help protect your rights, get you out of testifying if necessary, and make sure you stay out of legal jeopardy. Here is a guide on finding an affordable attorney in New York City.

You Can Request a Witness Fee

Under New York law, witnesses are entitled to a $15 witness fee per day. You can request this fee from the attorney or party that subpoenaed you. They are responsible for paying it.

If appearing in court causes you to miss work, you may also be entitled to additional “reasonable” compensation. Discuss this with the attorney ahead of time if it applies to you.

Take Off Work and Clear Your Schedule

Court cases rarely stick to a precise schedule. You may end up waiting hours before you actually testify. So clear your entire schedule for the day and notify your employer that you were subpoenaed. By law, employers cannot fire or retaliate against employees for complying with a subpoena.

If your employer doesn’t want to let you miss work, contact the attorney who subpoenaed you immediately. They can get the date changed or help resolve any issues.

Dress Appropriately for Court

Make sure to dress professionally for court. Wear clean, modest clothing like a business suit. Avoid overly casual clothes or anything distracting like loud prints or revealing outfits. Turn off your cell phone and remove any hats or sunglasses before entering the courtroom.

Tell the Truth

As a witness, you must answer all questions truthfully. If you lie under oath, you could be charged with perjury, which is a felony offense. Simply tell the truth to the best of your knowledge. If you don’t understand a question, ask for clarification.

It’s fine to say “I don’t remember” or “I’m not sure” if that’s the truth. Don’t guess or speculate just to provide an answer. Only testify about what you personally experienced or observed.

What to Expect in Court

The attorney or party that subpoenaed you will call you to the witness stand when they are ready for your testimony. Here’s a quick rundown of what will happen:

1. You will be sworn in – you must take an oath to tell the truth
2. The attorney will ask you questions first (this is called direct examination)
3. The opposing attorney may then cross-examine you and ask their own questions
4. Just answer all questions honestly. Your attorney can object if necessary.
5. Speak clearly and loudly enough for the court reporter to hear.
6. Avoid arguing with the attorneys or getting upset if questioned aggressively.

Some tips for looking confident and credible:

• Sit up straight and speak clearly
• Make eye contact with the attorney asking questions
• Avoid nervous gestures like fidgeting
• Ask for a question to be repeated if needed

With preparation and honesty, you can get through testimony smoothly. If at any point you don’t understand what’s happening, ask your attorney or the judge for clarification.

You May Need to Testify More Than Once

For serious criminal cases like murder trials, you may have to testify multiple times. First at grand jury proceedings before charges are filed, again at pre-trial hearings, and finally at the actual trial. The attorney should let you know if you will need to appear more than once.

You Could Be Held in Contempt of Court

If you refuse to testify or comply with a subpoena, the judge may hold you in contempt of court. This can result in fines and even jail time in some cases. So don’t ignore a subpoena – get legal help if you have concerns.

You May Be Protected Against Retaliation

If you fear testifying could put you in danger or get you fired from a job, special protections may be available:

• Victim/witness protection – High-risk victims/witnesses can get police protection and have their identities hidden.
• Retaliation protection – It’s illegal under NY Penal Code §215.16 for anyone to intimidate or retaliate against a witness.

Notify the district attorney if you have any safety concerns related to testifying.

You Can Review the Transcript

Everything said during testimony is transcribed by the court reporter. As a witness, you can purchase a copy of the transcript to review and ensure it’s accurate.

Transcripts can help refresh your memory if you ever have to testify about the same case again. They also provide documentation of exactly what was said under oath.

You May Be Able to Claim Travel Expenses

If you incur travel costs to comply with a subpoena – like airfare, tolls, parking, or a hotel stay – you can request reimbursement from the party that subpoenaed you. Keep all receipts and discuss this with the attorney ahead of time.

Mileage for using your own car can also be reimbursed at the standard IRS rate. This helps cover gas, wear and tear, etc.