In New Jersey, witnesses can be legally required to testify in court, including in cases involving friends. If you receive a subpoena — a legal order to appear in court — you must comply. Ignoring a subpoena can lead to serious legal repercussions, such as being held in contempt of court, which may result in fines or jail time.
If you show up in court, but refuse to answer questions, you could still face contempt charges.
Testifying against a spouse
When it comes to spouses, the law provides more protection. Under both federal and New Jersey law, one spouse cannot be forced to testify against the other in criminal cases. This is called spousal testimonial privilege.
Either spouse can invoke this privilege to prevent the other from testifying. However, this privilege has its limits. Not all communications between spouses are protected. For example, if a conversation can be overheard by a third party, it is not considered private and thus, not protected by spousal privilege.
Consequences of refusing to testify
Refusing to testify after being subpoenaed can result in being held in contempt of court. The penalties for contempt can include significant fines and possible jail time. There are some exceptions to this rule, such as for victims of domestic violence and sexual assault, who may have more protection and different legal considerations.
Compelling witnesses to testify
New Jersey prosecutors have several methods to ensure that witnesses testify. They can issue a subpoena to compel a witness to appear in court. If the witness still refuses to testify, they can be held in contempt of court. This means they could face penalties, such as fines and jail time.
Spousal privilege
Spousal privilege in our state is a nuanced area of law. To claim this privilege in criminal proceedings, the couple must be legally married at the time of the trial. The privilege does not apply in certain cases, such as when one spouse is accused of committing a crime against the other. This ensures that spousal privilege is not misused to obstruct justice.
While you may be required to testify against a friend in New Jersey, refusing to testify can lead to significant legal consequences. Prosecutors have several tools to compel testimony against non-spouses. However, the law provides specific protections regarding testifying against a spouse.