Legal Question in Criminal Law in California

ca. law can a person be forced to testify in a misdemeanor.

Asked on 1/11/13, 11:36 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman
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The defendant can't be. In most circumstances, neither can his or her spouse. But other witnesses can be forced to testify.

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1/11/13, 12:10 pm
Terry A. Nelson Nelson & Lawless
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No defendant can be compelled to testify in his trial.

A witness can be subpoenaed, and compelled to testify unless they assert a 5th Amendment privilege or other valid claim. Refusal to testify could then be punished as a contempt of court.

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1/11/13, 12:50 pm

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