Many times, victims of a crime call the police in a moment of peril. They find themselves in a dangerous position and do not have any other option. The police come to their rescue, and the victim is eventually sent a subpoena to testify in court. But what happens if they no longer want to testify? This happens all too often, much to the dismay of judges. Often times the State’s Attorney will listen to the victim, and if they decide not to proceed, the charges can be dropped. However, the victims need to realize that they have put the case in the hands of the prosecutor, so their wish not to testify is not the only factor that drives the state's case. If you are subpoenaed and fail to show or refuse to answer valid questions, you can be held in contempt. A recanting witness is not new, especially in domestic violence cases.

Recently, an appeals court upheld what may be one of the longest sentences ever imposed in Illinois for refusing to testify at trial. Terrell Geiger, a gang member with four prior convictions repeatedly invoked his 5th Amendment rights when ordered to testify at the double murder retrial of a fellow gang member in Kankakee County. The judge warned him that he could not remain silent because he was granted immunity and warned Geiger that he could be sentenced to years in prison for refusing to testify. He was found in direct contempt of court and received a sentence of 20 years.

Ironically enough in Illinois, those who commit perjury on the witness stand can receive no more than 5 years in prison. However, there is no limit to the sentences judges can levy against a witness who won’t testify. The sentenced imposed against Geiger is about 40 times longer than any Illinois state appeals court has addressed in a published opinion. DePaul University law professor Len Cavise stated that the punishment is “oppressive.” Geiger essentially received a sentence 4 times greater than if he had just testified and lied on the stand, and a sentence that is equal to the minimum punishment for the murder itself.

It is essential that you hire an experienced criminal attorney that has a track record of properly preparing a witness for testimony to avoid unnecessary punishment.