Legal Question in Criminal Law in California

I called 911 on Husband which he was then arrested. I got a subpoena which I am commanded to appear in court to testify as a witness in the case of: The people of the state of California vs. My husband. Do I have the right not to testify against my husband

Asked on 8/02/16, 3:54 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

That depends. People usually can't be forced to testify against their spouse. But that's not always true. If this is a domestic violence case (which seems likely), then you do. There are other reasons why the general rule might not apply in a particular case. I don't know whether any of those reasons apply here, since your question doesn't tell us very much about the case. You may want to discuss your situation in more detail with an attorney before your scheduled court date.

Good luck.

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Answered on 8/02/16, 4:01 pm
Joe Dane Law Office of Joe Dane

If this is a domestic violence case, you do have he right to not testify. I'd strongly suggest you have an attorney representing your interests so you don't inadvertently do something you don't intend to do.

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Answered on 8/02/16, 4:25 pm

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