North Carolina  |  Criminal Law

Legal Question

Asked on: 5/06/13, 1:15 pm

I'm a victum of domestic abuse do I have to testify against my husband

1 Answer

Answered on: 5/06/13, 1:25 pm by Clarke Dummit

The North Carolina Statutes specifically do NOT allow you a privilege not to testify. This is a double negative way of saying that you probably do have to testify. However if you have an attorney, and you choose to exercise your 5th amendment right not to incriminate yourself, and you have a good faith belief that you may have also committed some crime such as simple assault against him, or you two were in a mutual fight (afrey), you can exercise your right to remain silent. Also, unless you are under subpoena or a court order to appear, you do not have to go to court. But if you are validly ordered to appear, then you could face sanctions if you did not.

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Dummit Fradin (Winston-Salem Office) 1133 West FirstStreet Winston Salem, NC 27101-2901

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