The following explains your rights and responsibilities as a witness in the criminal courts of Jasper County, Missouri.

If you are a victim or witness of crime and will be appearing as a witness for the prosecution in a criminal case, you may wish to click on the victim advocate’s tab above or call the Victim Advocate at (417) 625-4314 for information and assistance and to set up an appointment to meet with the assistant prosecuting attorney assigned to your case prior to your scheduled testimony.

If you will be appearing as a witness for the defense in a criminal case, you can call the defense attorney whose name appears on your subpoena to answer your questions.

A preliminary hearing and/or trial is held when a person who has been charged with a criminal offense pleads "not guilty." You may be called as a witness by either the prosecuting attorney, who is the lawyer acting for the state, or the defense lawyer who is acting for the accused. You could be called as a witness by both lawyers.

As a witness, you have an important duty. The testimony of witnesses is an important source of information for the courts and helps the judge or jury decide whether the accused is guilty or not guilty.

A subpoena is a court order that tells you to appear in court at a specified date, time and place to give evidence. You may wish to show the subpoena to your employer to arrange for time off to attend court.

If you are unable to attend court because of a serious circumstance, you should immediately contact the prosecutor’s office. If you fail to obey a subpoena, a warrant may be issued for your arrest or you may be charged with contempt of court.

You can contact a victim advocate to make an appointment to prepare for court.

If you are subpoenaed by the prosecution and later contacted by the defense attorney, it is okay to talk to the defense attorney. However, you are under no legal obligation to do this. If you have any questions, call the prosecutor’s office and ask to speak with the assistant prosecuting attorney who had you subpoenaed. If you wish, prior to speaking with the defense attorney you may request that an assistant prosecuting attorney be present during your conversation with the defense attorney. You also have a right to seek advice from an independent lawyer at your expense, although a witness is not usually represented by a lawyer.

Before going into court to give your testimony, try to remember details about what happened, such as conversations, who was present, dates, times, colors, distances and any other relevant facts. If you made notes at the time of the event, you may be allowed to take these into court with you and you should let the assistant prosecuting attorney handling your case know that you have such notes and ask him or her if this is possible. If you signed a statement for the police at the time of their investigation and cannot remember what you said, you may arrange with the assistant prosecuting attorney to see it again.

It is important that you arrive at the Prosecutor’s Office at least 15 minutes before the time given on the subpoena. Jasper County has two courthouses – one in Joplin and one in Carthage. Make certain you know the location of the courthouse and allow enough time to find a parking space.

The Joplin courthouse is located at 633 S. Pearl Avenue, Joplin, Missouri 6480.

The Carthage courthouse is located at 302 S Main Street, Carthage, MO 64836.

If your subpoena directs you to the Joplin courthouse, proceed from the front door through the security check point to the first-floor offices with the prosecutor’s office sign. Security can help direct you to the office.

If your subpoena directs you to the Carthage courthouse, enter one of the main floor doors and proceed to the second floor via either the stairs or the historic elevator. The prosecutor’s office is located on the second floor.

The Victim Advocates will direct you to a waiting room or to the correct courtroom and the assistant prosecuting attorney who subpoenaed you may have some questions to ask you before court begins.

A friend or family member may go with you to court. Usually, a witness is asked to stay outside the courtroom until it is time to testify. Victims have a right to attend all proceedings that the defendant has a right to attend. If you are a victim and wish to watch the proceeding, discuss this possibility with the victim advocate and assistant prosecuting attorney handling your case.

When it is your turn to answer questions, your name will be called and you will be directed to the witness stand. Prior to taking your seat, the judge will ask you to swear an oath to tell the truth. Most witnesses take the oath to tell the truth, if you do not wish to swear to tell the truth, you can ask the judge to solemnly affirm the truth. Inform the assistant prosecuting attorney prior to your testimony if you prefer to affirm.

Child victims and witnesses may be called to serve as a witness in a preliminary hearing and trial, if they are able to understand and answer questions and promise to tell the truth. Our victim advocates are happy to schedule a time to meet with children witnesses, introduce them to the people they will meet in the courtroom, show them the courtroom, and explain the process.  

The prosecution's case is presented first. If you are a witness for the prosecution, you will be questioned by him or her first. This is known as direct examination. You will first be asked some preliminary questions such as your name and background information and then will be asked questions about the crime that you witnessed. When the prosecuting attorney has finished, the defense lawyer will ask you questions. This is known as cross-examination.

The case for the defense is presented next. If you are a witness called by the defense, you will be questioned first by the defense lawyer and then cross-examined by the prosecuting attorney. While you are on the witness stand, the judge can ask you questions at any time.

• Turn off your cell phone before entering the courtroom. Security may ask you to leave your cell phone in your vehicle or in a locked box at the courtroom entrance.

• Stand up when the judge enters or leaves the courtroom.

• Do not discuss your testimony with other witnesses.

• If a jury is present, do not talk to jurors.

• In court, your job is to tell the truth and to answer the questions you are asked to the best of your memory.

• You should wear neat, clean clothing.

• Judges are addressed as "Your Honor", "Sir" or "Ma'am".

• Follow the instructions of the judge.

• Remain quiet if you are in the courtroom waiting to testify or watching other testimony or proceedings.

• It is normal and natural to feel nervous when answering questions in court. Take your time when you are answering questions - there is no need to feel pressured.

• Listen carefully to the full question that is asked to make sure you hear it properly. Do not guess at what is being asked.

• If you don't understand a question, ask for the question to be repeated or asked in another way.

• Be as clear as possible. Avoid phrases such as "I think" or "I guess". If you do not know the answer to a question, say so.

• Tell the truth and answer the questions you are asked to the best of your memory.

• Answer the questions you are asked and then stop. The judge and jury are only interested in the facts. Don't give opinions or draw conclusions unless asked.

• If you become upset during your testimony or need a break, you may ask the judge for time to regain your composure or to take a break.

• Always be courteous.

• If you make a mistake in your evidence, inform the prosecuting attorney or defense lawyer as quickly as possible so that the error may be corrected.

• If an attorney misstates a fact in his or her question, politely correct the misstatement and then answer the question.

• Speak clearly and loudly so that everyone in the courtroom can hear you. If you have soft voice you may be asked to speak into the microphone so that you can be heard more clearly. The microphone will have a blue light if it is turned on.

• Do not shake or nod your head to indicate "yes" or "no". Your testimony may be recorded to create a transcript or record of the trial.

• At times during your testimony there may be objections by an attorney to the question asked by the other side. If this happens wait for the judge to sustain or overrule the objection before you answer the question. The judge will then tell you whether you must answer the question. If the judge does so and you no longer remember the question, you may ask to have the question repeated.

Sometimes the subjects of testimony by their nature concern personal or embarrassing matters. If that is the case you should answer the question despite the fact that is about something personal or embarrassing. The lawyers involved in a hearing will typically object if irrelevant questions are asked. If a question is embarrassing for you to answer and seems irrelevant to the case and no objection is made, you may ask the judge if you have to answer. If the judge rules that the question is relevant, you will have to answer it.

The goal of all testimony is to arrive at the truth. It is not to embarrass, humiliate, or harass people.

You may not want to answer a question because you believe the answer might incriminate you and lead you to be charged with a crime. If you have a question about whether answering questions might incriminate you, you may wish to seek the advice of your own attorney prior to the date of your scheduled testimony.

Court proceedings can be very complex, so there is no way of knowing how long each case will take. The courts typically set several cases at the same time and they are taken up in the order the judge directs. We will make every attempt to keep your wait to a minimum. The judge may ask if there is any need for you to stay after you have given evidence. If the answer from both the prosecuting attorney and the defense lawyer is "no," you will be able to leave. The assistant prosecuting attorney handling your case will let you know when you have been released.

If someone tries to get you to change your testimony, tell the prosecuting attorney or the police immediately.