Legal Question in Criminal Law in Illinois

Do you have to testify if subpoenaed by the DA?

A friend allegedly killed his wife 2 years ago. He then ran from the police for about 2 days. In those two days he involved several of his friends, including my husband.

My husband was taken to the station for questioning, but not arrested. They threatened him that he committed a crime for aiding and abetting a fugitive although my husband did not know where this friend was. He told the police all he knew of what happened and where he thought he might be. He was also assured that he wouldn't be bothered anymore i.e. arrested.

Since then we have been threatened and our cars vandalized. Now two years later, my husband has been subpoenaed by the DA. Does he have to testify? Can he incriminate himself by testifying? Does he have to testify even though we might be putting ourselves in danger by doing so?

Is there anything we can do?

Asked on 10/12/00, 1:54 pm

2 Answers from Attorneys

David Shestokas Shestokas, & Associates

Re: Do you have to testify if subpoenaed by the DA?

If the State's Attorney subpoenas you, you must respond, as there are multiple options the state has for your refusal, none of them very good for you. However, if there is reason to believe that it may be dangerous, either from personal standpoint, or from the possibility of criminal liability, it would be unwise to speak with law enforcement without counsel present. 630-243-0099

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Answered on 11/06/00, 10:20 am

Re: Do you have to testify if subpoenaed by the DA?

Hello. Your husband should

obey the subpoena and come to

court. However, he should also retain an attorney and

protect himself. He should

do this immediately, before

he has to go to court.

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Answered on 11/08/00, 11:25 pm

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