What to Expect as a Witness in a Criminal Case

As a witness in a criminal case, you will ultimately find yourself testifying in court if the case goes to trial or if a preliminary hearing is held.

If you are needed for court, you will be notified. Usually, the notification comes in the form of a subpoena. It may be a telephone call or letter. Whichever method is used, our office tries to notify you as soon as possible.

Under the Sixth Amendment to the United States Constitution, a criminal defendant has the right to "confront" his witnesses. This means that in a criminal case the witnesses must be personally present in the courtroom for his or her testimony. With rare exceptions, the prosecutor may not simply present a letter from the witness, the statement he or she gave the police, or a deposition.

On lengthy trials involving multiple days, we will certainly work with you in trying to narrow down a time frame when you would be needed. Talk with the prosecutor handling the case about this possibility.

Also, you will eventually be paid mileage for your trip to and from the courthouse. Thus, be sure to keep track of your mileage and inform the court clerk or prosecutor handling the case.

If you have other questions, please check the other sites on our Victim & Witness Services page or call our office and ask for a Victim Advocate at (573) 243-2430.