Do I Need a Lawyer If I’m Just a Witness in a Criminal Case?

Many people assume that if they’re not the one being charged, they have nothing to worry about in a criminal case. But even if you’re “just a witness,” your rights, obligations, and potential exposure to legal risk are serious. In some cases, witnesses may face subpoenas, cross-examination, or even unintentional self-incrimination. That’s why consulting with an attorney can be just as important for witnesses as it is for defendants.

What Does It Mean to Be a Witness?

If you witnessed a crime, heard something relevant, or have documents or records that relate to a case, the prosecution or defense may identify you as a potential witness. Sometimes, police or investigators may ask you for a statement. Other times, you may receive a subpoena requiring you to testify in court. It’s important to understand that what you say can have legal consequences—even if you’re not the one on trial.

Can a Witness Be Charged With a Crime?

Yes. In some situations, witnesses become suspects or are charged later based on their statements or involvement. For example, someone who was present during a crime but failed to intervene, destroy evidence, or lie during questioning could face charges themselves. If your role in an incident is unclear, speaking to an attorney before giving any statement can help you avoid making a mistake that could jeopardize your freedom.

What If You’re Subpoenaed?

If you receive a subpoena, it means you’re being legally required to appear in court or provide evidence. Ignoring a subpoena can result in fines or even arrest. However, a lawyer can help you respond appropriately, clarify what is expected of you, and raise objections if questions could violate your rights—such as the Fifth Amendment right against self-incrimination.

Why Would a Lawyer Help Me?

An attorney can evaluate whether you face any legal exposure, help prepare you for questioning, and ensure your testimony doesn’t inadvertently lead to new problems. They can also communicate with the prosecutor or defense attorney on your behalf, and even attend court with you. If you’re worried about being blamed for something, being misunderstood, or dragged into a complex case, a lawyer can act as your shield.

Called to Testify or Got a Subpoena in Washington?

You don’t have to navigate the system alone. The Law Office of Erin Bradley McAleer helps witnesses protect their rights and stay out of legal jeopardy. Call today to schedule a confidential consultation.