Legal Question in Criminal Law in North Carolina

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

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

1 Answer from Attorneys

Clarke Dummit Dummit Fradin (Winston-Salem Office)
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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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5/06/13, 1:25 pm

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