testify

[sara_curry]

I have a subpoena to testify against my husband in court this month. We had a altercation a few months back there was no physical abuse. I didnt press charges or gave a statement, the state still decided to pick the case up, I do not want to testify against my husband. What rights do i have in this matter?

 

[Gail_in_Georgia]

You have to show up to testify if you've received a subpoena to do so.

Failure to show up could result in a warrant put out for your arrest.

When I did volunteer work in our local Victims Assistance Program, I found that most judges do not like it when witnesses who have received a subpoena don't bother showing up. Most would put out a bench warrant on them in a snap.

Gail

 

[sara_curry]

I have a subpoena to testify against my husband in court this month. We had a altercation a few months back there was no physical abuse. I didnt press charges or gave a statement, the state still decided to pick the case up, I do not want to testify against my husband. What rights do i have in this matter?

Do you have any info about pleading the 5th in my situation? Do i have a option to show up but not testify? What are my rights?

 

[sara_curry]

Do you have any info about pleading the 5th in my situation? Do i have a option to show up but not testify? What are my rights?

Do you have any info about pleading the 5th in my situation? Do i have a option to show up but not testify? What are my rights?

 

[unclemoon]

The 5th amendment only addresses (among other things) the right against self incrimination. Your husband is not yourself.

 

[JohnMacek]

Spousal Privilege covers confidential communication between a husband and wife (including oral, written and/or expressive action). It typically does not apply to situations where a spouse or child was a victim of a crime by the other spouse, but only as to that crime. It also doesn't apply if third person were present (irrespective of whether their presence is known or unknown). The privilege is available to the spouse against whom the testimony is offered (meaning your husband's attorney will have to raise the issue), although most courts feel that consent from both spouses is necessary for a valid waiver.

The questions are did a crime occurr against you or your children (sounds like the prosecutor thinks there was), whether the court rules that an allegation is enough to compel you to testify, was there a third party present, is there prima facie evidence of a crime against you and/or your children.

Has your husband retained an attorney?

 

[sara_curry]

He has a public defender.So your saying my husband would have to address this to his lawyer?What if i had not been served a subpoena, but they still sent me a court date for me to testify.Would there be action taken against me if i didnt show up?

 

[CdwJava]

If you have been served with a subpoena and you do not show up, you face the possibility of arrest. If you have not yet been servedm they can not hold you in contempt.

However, if you go sideways on them, expect to be charged with making a false report to the police.

Take the stand, and testify truthfully.

- Carl

 

[sara_curry]

The thing is i didnt give the police a statement or a report of that situation. They asked me if i wanted to press charges and i said no, they seen that things had been thrown around in the house from both of us but no physical abuse,why are they trying to use me as a witness against him now?The only thing the officer said that they were arresting him for resisting arrest. How did i become a witness for prosecution?

 

[CdwJava]

The thing is i didnt give the police a statement or a report of that situation.

So ... they never asked, "What happened?" They just showed up, ignored you, and arrested him?

They asked me if i wanted to press charges and i said no, they seen that things had been thrown around in the house from both of us but no physical abuse,why are they trying to use me as a witness against him now?

Apparently because they think you are a witness.

The only thing the officer said that they were arresting him for resisting arrest. How did i become a witness for prosecution?

You became a witness because you were there. And chances are very good they WILL pursue a resisting case. The feeling might be that if you want to be a punching bag, so be it ... but, the cops aren't going to be.

- Carl