3

Suppose Joe is falsely charged with a crime and must defend himself. The key witness for his defense, Mike, is located a few states away and Joe cannot afford to pay the costs associated with getting Mike to miss work and come to court.

I know that the government provides an attorney (i.e. a public defender) to poor defendants, but does the government pay so that the Defendant can get the testimony and evidence he needs?

1
  • 2
    So, the question is mostly: is there some sort of assistance to cover necessary expenses to comply with a subpoena by (poor) defendants? Do note that video conferences made such things much cheaper, and witnesses have appeared in court via telescreen.
    – Trish
    Commented Jul 31 at 7:48

3 Answers 3

7

In federal court, where a criminal defendant is unable to pay a witness, the witness is paid as if the government had called them. This is provided for in Rule 17(b) of the Federal Rules of Criminal Procedure.

In New York courts,

A witness subpoenaed by the defendant in a criminal action is not entitled as of right to witness and mileage fees, but the court may in its discretion, by order, direct the county treasurer to pay to such a witness a reasonable sum for expenses, to be specified in the order.

4
  • I'm assuming that if the defendant is acquitted, his expenses are payed by the state, even if the defendant had the money to pay for the journey of the witness?
    – PMF
    Commented Jul 31 at 18:06
  • 3
    @pmf why would you assume that? Maybe you should ask it as a question.
    – Dale M
    Commented Jul 31 at 22:11
  • @DaleM See the answer from Trish. I was expecting similar rules in other places as well. I find it hard to believe that somebody has to pay for his defense when the accusations where completely wrong.
    – PMF
    Commented Aug 2 at 6:24
  • 1
    @PMF that's the US rule though.
    – Trish
    Commented Aug 2 at 9:57
2

You have them subpoenaed or you qualify for legal aid

All Crown witnesses and criminal defence witnesses that have been subpoenaed are remunerated by the government. As are witnesses where the defendant has qualified for legal aid.

By the way, only an idiot does not subpoena their witnesses because it makes their attendance required by law. If your alibi witness has not been subpoenaed and decides they’d rather go to the beach than attend court, the court is going to say “You didn’t subpoena them? Not my problem. Call your next witness.”

0

You don't indemnify them in the first place in , the court does!

The court pays all witnesses a specified day wage for appearing. Participation in criminal cases is mandatory and neither party may pay witnesses for delivering testimony. Those costs may end up on the bill of the losing party.

See also this answer

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .