How to Be Excused as a Witness in a Criminal Trial
Being a witness in a criminal trial is a responsibility you must take seriously. Your testimony could help the court make the correct legal decision if you have information to offer that is relevant to the case. Still, there are circumstances under which it may be necessary to be excused as a witness, so it's important to understand how to handle this kind of situation.
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Instructions
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Appear at the courthouse at the time you are summoned to attend, assuming you are physically able. When you receive an official summons from the court, it will include information about when and where the criminal trial will occur. Be sure to allow yourself enough time to get to the court on time, especially if you are unfamiliar with the location of the courthouse or where to park your car in the area.
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Provide the court with any information that you have that is related to the criminal trial, regardless of whether or not you think it will be helpful. It is up to the court to determine whether your testimony is useful to the legal process, so do not make assumptions about your participation. You are unlikely to be excused simply because you do not think your testimony is significant to the criminal trial.
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Contact the prosecutor assigned to the criminal trial as soon as possible if you cannot appear in court at the time and location requested. The name of the prosecutor will appear on the witness summons you receive. The prosecutor will decide whether or not to excuse you as a witness based on your reasons for being unable to attend.
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Explain your reasons for being unable to appear as a witness in the criminal trial. Acceptable explanations may include physical illness or ongoing health problems. In order to be excused as a witness, you may need to provide a note from your doctor explaining why your health problems prevent you from appearing in court.
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Ask the prosecutor to excuse you as a witness if you would need to travel more than 500 miles from your home to appear in court. In this case, the court may ask you to provide a written testimony instead of physically appearing in court. When deciding whether or not to excuse someone based on transportation issues, the court may also consider whether or not there are reasonable modes of public transportation available.
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Tips & Warnings
Beware of the risks of ignoring a summons. If you do not comply with a witness summons, you may be fined or, in some cases, brought to court by the police.
