If I witnessed a man beat a woman in their car so am now being subpoenaed as a witness but I feel that this puts myself and my family in danger, what are my rights?

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If I witnessed a man beat a woman in their car so am now being subpoenaed as a witness but I feel that this puts myself and my family in danger, what are my rights?

What forms of protection are provided for me?

Asked on February 12, 2016 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are subpoenaed, you must testify--you have no right to not testify because you feel there may be some risk. You can and should ask the police and prosecutor to arrange for some protection for you, and you should make your requests both in person and in writing--and keep the writing, since if they fail to do so after you appraise them of the risk and there is any retaliation, you may have some recourse or right to sue. You may also be able to apply for a protective order; that is something to discuss with the authorities.


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