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missy1919 · Dec 11, 2008, 08:19 PM

If I had to appear in court as a witness for a murder case could I also be arrested if I had several Traffic Warrants?

JudyKayTee · Dec 11, 2008, 08:24 PM

Originally Posted by missy1919

If I had to appear in court as a witness for a murder case could I also be arrested if I had several Traffic Warrants?

In theory and I would guess practice, yes. One side or the other is going to review your background to determine how credible and honest you are and warrants are going to pop up.

08_777444 · Dec 11, 2008, 09:23 PM

Yes, you could be arrested. But it probably won't go that far.

First, I would guess the circumstances surrounding the warrant would really depend on whether you are a witness for the defense or the prosecution.

If you are a prosecution witness, possibly you could speak with the prosecutor and explain your situation. If your testimony is valuable enough to their case, the district attorney's office might be able to help you make arrangements with the departments to pay the fines, which would still allow you to testify legally.

If you are a witness for the defense, it is possible that the defense attorney could find your warrant status too much of a gamble and not ask you testify after all. But if he doesn't know, it could unjustly hamper his clients case. So no matter what, it would be in your best interest to inform him.

The matter needs to be addressed before your appearance in court.

Besides, the attorney for the other side could know about the warrant, and not say anything to anybody. They could wait for you to get up on stand and question you about it while you are under oath. Knowing you could be arrested if you tell the truth, you could tempted to lie, which is considered perjury. Opposing counsel will want you to perjure yourself. So be careful and always tell the truth… even if you know the truth could land you in jail. If he asks you whether you have a warrant for your arrest, the answer is yes. The fact that you have a warrant for your arrest has no bearing on your testimony to the murder.

It would save you, the attorneys, and the court a lot of time, not to mention it could save you a lawsuit and a whole lot of embarrassment later on down the line.