Criminal court judges rely on evidence and testimonies to determine the cases they receive daily. Human testimony is particularly critical as it helps the court organize the events surrounding a crime. The prosecution and defense teams rely on victims and witnesses for detailed case accounts, which enable them to prove their cases. Without such testimonies, it can be challenging to solve a case. That is why it is essential for witnesses and victims to give testimonies as they have agreed for the continuity of cases. They can be held in contempt of court if they change their minds.

If a witness or victim is held in contempt, they can face misdemeanor charges, punishable by six months in jail and a fine of up to $1,000. The police can detain them in jail until they are ready to testify. However, there are exceptions to this rule for victims of sexual or domestic abuse; they cannot be jailed for refusing to testify, but they can be fined.

If you are about to change your mind about testifying, talk to a competent attorney to understand your situation better. They can also help you determine what is at stake and your options to ensure justice is served.

The Crime of Contempt of Court

When a crime is committed, the court must understand how it happened, what triggered the perpetrator’s actions, and the repercussions. These details, critical in solving criminal cases, are mainly provided by victims or witnesses. In cases where the crime has occurred in hiding, the court relies on the victim to give a detailed account of events. Thus, victims and witnesses are held in high regard by the criminal justice system for their invaluable assistance in solving criminal cases. Without their help, some crimes can remain unsolved, or there could be wrongful convictions.

However, sometimes victims and witnesses change their minds about testifying during a case. This can be triggered by fear or lack of interest in continuing to be involved in the case. Criminal cases can be taxing, especially for victims and witnesses. They often have to repeat the ordeal or their experience, which can be overwhelming and stressful. Sometimes, they must remain under protection, especially if they are involved in high-profile cases, and this affects their daily living and freedom. Sadly, a change of mind can result in severe consequences for a witness or victim. Since the court needs their testimony to solve a case, they can be held in contempt for refusing to cooperate.

Remember that refusing to testify can significantly affect the case for the prosecution or defense. The court needs your testimony to solve a case and give closure to a victim or victims. It also requires your testimony to ensure that perpetrators are punished for their misconduct. Your testimony can protect other possible victims that the perpetrator can hurt in the future if they are not held accountable for the underlying case. The court can compel you to cooperate by ordering the police to detain you until you are ready. If the prosecutor files charges against you for contempt of court under PC 166, you can be fined or sentenced to six months in jail.

Being in contempt means you willfully violated a court order or interfered with a court proceeding in any other way. This order could have come after you refused to testify or cooperate with the prosecution or defense teams. If, after refusing to testify, the judge issues an order compelling you to give your testimony, the prosecutor will file misdemeanor charges if you fail to abide by the judge’s order.

Contempt of court has a broader definition, as stipulated under PC 166. It refers to any behavior interrupting a court process, including a victim’s or witness’s refusal to testify. Here are examples of behaviors that this law specifically prohibits:

  • Any disorderly, insolent, or contemptuous behavior in the presence of a judge that interferes with a court proceeding

  • Any interruption of a court proceeding through noise, breach of peace, or any other disturbance

  • A willful disregard of a valid court order

  • Unlawful unwillingness to testify or answer material questions regarding a particular criminal case

  • Publishing a false report about a court process

Remember that when a judge receives a report of your failure to testify for or against the prosecution or defense, they can issue a court order compelling you to cooperate. If you willfully disobey that court order, you will be in contempt of court and can be guilty of a misdemeanor.

Possible Penalties for Being in Contempt of Court

If your failure to testify results in misdemeanor charges for being in contempt of court, you could receive the following penalties upon conviction:

  • A court fine of $1,000

  • Six months in jail

Remember that the court can order the police to detain you until you agree to testify. It can also subpoena you to testify or order you to pay the court and attorney fees for the case regarding your contempt of court.

Here are other issues you could face for declining to testify:

  • You can anger the judge, which can result in a harsher penalty for you or the other party

  • Your credibility as a victim or witness could be questioned, making it difficult for the jury to trust you

  • The adverse attorney can be aggressive when questioning you

Defending Yourself From Being in Contempt of Court

You are not in trouble with the law as a witness or victim. Your task is generally to ensure that the court understands the circumstances of a case for a reasonable determination. However, you could find yourself in trouble for refusing to testify and even face criminal charges that can result in life-changing consequences.

If a prosecutor files charges against you for being in contempt of court, you need legal counsel to understand the gravity of these charges and your options. A competent attorney can also protect your rights and help you develop a solid plan to defend yourself against the charges. Here are some of the defenses that can help your situation:

The Decision To Not Testify Was Not Willful

Remember that you are in contempt when you willfully disobey a court order or refuse to be sworn in as a witness in a criminal proceeding. You are not guilty under PC 166 if your attorney demonstrates that your failure to testify was not willful. It could have been a genuine mistake on your part or an accident.

For example, if you were summoned to court on a particular date and only realize that the date on the summon or subpoena is incorrect, you are not guilty. Also, you could have genuinely forgotten about the hearing because you are busy or have an underlying condition that makes you forgetful. A competent attorney will know the evidence to support your defense.

If this is the case, the judge will dismiss your charges and reschedule another hearing.

The Questions or Required Information Is Immaterial to the Case

You can be held in contempt for refusing to answer some questions during a criminal proceeding. In this case, your attorney can use this defense to protect you from a criminal conviction. It could be that the prosecution or defense was asking questions about a matter unrelated to the underlying case. Sometimes, this happens, especially if an attorney brings up your personal life to discredit your testimony.

An experienced criminal attorney who has seen this happen many times in their career will know best how to present your defense to prevent a conviction. For example, they can prove that the question or questions you refused to answer were irrelevant or immaterial to the underlying case. Or, they can argue that the questions made you uncomfortable or caused you to relive a traumatic experience you would rather forget. If this defense works, the judge will dismiss your charges.

Your Response or Testimony is Privileged

A witness or victim of a crime can refuse to testify because legal privileges protect their testimony or response to specific questions. If the information you will likely give during a criminal proceeding is privileged, you are not guilty of contempt of court if you refuse to give it. When using this defense strategy, your attorney must demonstrate how your testimony is privileged. They can cite that the information is protected under any of the following categories:

  • Attorney-client privilege,

  • Spousal communications

  • Doctor-patient confidentiality

These privileges ensure that individuals can confide in trusted professionals without fear that their information will later be used against them. No judge will compel you to give privileged information.

You Were Protecting Your Rights Against Self-Incrimination

Self-incrimination occurs when you land in legal trouble when testifying in a criminal proceeding or giving a statement to the police. The 5th Amendment of the U.S. Constitution gives Americans the right to free themselves from self-incrimination. This means that you can refuse to talk to the police or to testify if what you are about to say can cause you to incriminate yourself. The amendment allows Americans to freely ‘plead the 5th’ whenever they are caught up in a situation where they will likely incriminate themselves.

If you invoke the 5th Amendment during a criminal proceeding, the court cannot hold you in contempt for refusing to testify if your response will incriminate you. This defense can save you from a possible conviction.

Exceptions for Sex Crime and Domestic Violence Victims

Although witness and victim testimonies are critical in solving criminal cases, judges cannot punish victims of sexual or domestic abuse for failing to testify. If you refuse to testify and are a victim of domestic or sexual crime, the court can hold you in contempt but cannot sentence you to jail. You will also not be jailed for refusing to cooperate with the prosecution or defense teams. Domestic and sexual abuse crimes are very sensitive, and victims of such crimes can live with trauma for a very long time. It is understandable if they cannot give some details about their experience.

If the judge holds you in contempt, you could be required to pay a particular fine. The court can also refer you to a therapist before holding you in contempt. Remember that what you discuss with the counselor is privileged and confidential. The counselor will not be expected to disclose the details of your discussion in a court hearing.

Judges Dismiss Some Cases Without Victim’s Testimony

If a criminal case cannot be solved without a victim’s or witness’s testimony, the court can dismiss it after you refuse to testify. Remember that courts rely on testimonies to understand how the crime was committed. It helps solve cases and hold the correct perpetrator accountable. This can be difficult without critical testimony from a witness or victim.

For example, in a domestic violence case, victim testimony is paramount in ensuring that justice is finally served. If you refuse to testify or to answer some questions during the court proceeding, it could be difficult for the prosecutor to prove the case beyond a reasonable doubt. The prosecutor’s burden of proof must be met for the court to deliver a guilty verdict. The case can be undermined without your testimony, compelling the court to dismiss the charges.

However, there could be some hope in criminal cases with more proof than one witness’s or victim’s testimony. Although your testimony can strengthen the case, the prosecutor’s or defense’s additional evidence could be sufficient to resolve the case. Here are examples of other types of evidence that can help in solving a criminal case:

  • Physical evidence from the crime scene

  • The testimony of the responding officer

  • A text message or recording from a phone conversation

  • The testimony of other witnesses

If the prosecutor has sufficient evidence from other sources to prove a case, the court can give a verdict without the victim’s testimony.

Dissuading a Witness is an Offense

Some witnesses or victims refuse to testify in a court hearing because of fear of retaliation. The judge must consider this before holding them in contempt. Dissuading or tampering with a victim or witness is a severe crime under PC 136.1. If the prosecutor determines that someone dissuaded or prevented you from testifying, they can file criminal charges against them. If you dissuade or tamper with a witness or victim, you could face severe consequences upon conviction.

Dissuading a witness occurs when someone convinces, threatens, or prevents a witness or victim from testifying in a court proceeding. The perpetrator can accomplish this through threats, intimidation, or violence. However, the prosecutor must prove the following elements of an offense to obtain a guilty verdict in this case:

  • That the perpetrator acted willfully and maliciously

  • They dissuaded or prevented a victim or witness from reporting a crime, testifying, or assisting the prosecution or defense teams.

The prosecutor must demonstrate that your actions were deliberate. You were aware that the person was a victim or witness of a crime and that they intended to testify in a court proceeding. By acting maliciously, you intended to annoy or harm them.

The prosecutor will also demonstrate that the witness or victim refused to testify in a court proceeding through your actions. It could be that you threatened them with bodily harm, used violence to stop them from testifying, or used fraud or tricks to cause them to change their mind.

Since this offense can be charged as either a misdemeanor or a felony, the prosecutor has discretion in determining the severity of the charges. A misdemeanor conviction for dissuading a witness is punishable by a year in jail and $1,000 in court fines. Felony is punishable by two, three, or four years in prison and $10,000 in fines.

You can defend yourself if you did not act willfully or maliciously to prevent a witness or victim from testifying. For example, you could have been genuinely concerned about their well-being and only advised them to take a break from the matter. You could also have mentioned something that scared them without knowing they were a victim or witness to a crime. If any of these defenses work, the court can dismiss your charges.

Find an Experienced Criminal Attorney Near Me

Testimonies of victims or witnesses are critical in solving Los Angeles criminal cases. They provide precise details about a crime, which is essential to understanding how a crime was committed and how it should be solved. However, sometimes witnesses and victims refuse to testify, undermining cases and making it difficult for the court to solve them. The court can take stern action against you for refusing to testify. You need help understanding your situation, options, and possible consequences.

We understand how difficult being a star witness in a criminal proceeding can be at Los Angeles Criminal Attorney. We also know that you could have valid reasons for refusing to testify. You could be afraid of incriminating yourself or facing threats or intimidation. We can help you avoid criminal charges for contempt of court orders and ensure a favorable outcome regardless of the problematic situation. Call us at 424-333-0943 to discuss the matter further.