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WASHINGTON
US citizens do not enjoy a constitutional right to refuse to reveal their identity when requested by police.
In what may become a major boost to US law enforcement and antiterrorism efforts, the US Supreme Court Monday upheld a Nevada law that makes it a criminal offense for anyone suspected of wrongdoing to refuse to identify himself to police.
The crime of obstruction of justice includes crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion. Modern obstruction of justice, in United States jurisdictions, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice. Common law jurisdictions other than the United States tend to use the wider offense of Perverting the course of justice.
Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent allows any person questioned by police merely to refuse to answer questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court) It is not relevant if the person lied to protect a suspect (such as setting up a false alibi, even if the suspect is in fact innocent) or to hide from an investigation of their own activities (such as to hide his involvement in another crime). Obstruction charges can also be laid if a person alters or destroys physical evidence, even if he was under no compulsion at any time to produce such evidence.
A subpoena is a writ issued by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure.
What are possible consequences if I refuse to respond to a witness subpoena
It depends on the jurisdiction, but generally, if you are a fact witness, you can be compelled to testify.
WHAT SHOULD I EXPECT IF I'M A WITNESS IN A CASE?
As a witness, whether plaintif, defendent or bystander, you can expect to be "deposed" and later to appear on the witness stand. Deposition happens before a trial and is oral testimony, administered under oath, presented by a witness.
You may have some knowledge, a great deal of knowledge, or no knowledge at all about the subject matter you are being asked about. There are no "right" answers, or "wrong" answers, just truthful ones. But as any lawyer who has ever litigated a case will tell you, sometimes an answer can be given in a way that is more helpful than it is hurtful. Questions will be asked of you by the other side's lawyer and you are required to respond.
A stenographic reporter is usually present to take down the testimony and transcribe it into booklet form for you to review, and then for both sides to utilize.
WHAT TO DO PRIOR TO DEPOSITION
Here's a handy checklist of some obvious things you might want to do prior to a deposition, followed by some helpful pointers as to what you ought to think about doing during the course of the deposition.
1)Be on time
2)Make sure that you have met with the lawyer representing you or your interests before attending the deposition.
3)Meet the lawyer representing you at the deposition site prior to it taking place so that you can receive last minute instructions.
The deposition will eventually be used at a trial, if the case doesn't settle before then, as many do.
At trial, the written version of what you said may be used to impeach your testimony and cast doubt on your credibility.
This is particularly true if you answer a question differently at the trial than you did at the deposition.
At the time of the trial, you may be called again to the witness stand.
Because that is so similar to the deposition itself, these recommendations also apply to those testifying at trial.
They are not going to let you go on your way.
If you are stopped the officers will ask you some simple questions such as your name, where you live and where you are going.
Unless they are reporting you for a suspected crime, you don’t have to give them these details, but it makes sense to co-operate. If you are innocent you have nothing to fear.
If you are being reported for an offence, you do have to provide these details and may be arrested if you refuse to give your details.