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

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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Answered on 1/11/13, 12:10 pm

Terry A. Nelson Nelson & Lawless

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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Answered on 1/11/13, 12:50 pm

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