Legal Question in Criminal Law in Kansas

Does my husband have to go to court after supeona?

He was in a car with a headlight out, driving his friend home. When they got pulled over, they switched seats. The other person failed a street test SOBER, and then refused a breathalyzer test. He was arrested, and later violated his probation with a blood test that showed other illegal drugs in his system.

The officers told my non-licensed husband to drive the vehicle to his house.

Now the "friend" whom my husband hasn't spoken to in almost a year (this happened almost 1 1/2 years ago) wants him to testify that they switched seats. When he refused to get involved, he got a mailed suponea, and he doesn't know what to do.

The friend is going down for MULTIPLE probation violations, as well as he's on drugs and we no longer have anything to do with him.

What can we do? Does my husband have to go? Does he have to admit they switched?


Asked on 11/23/10, 1:43 pm

1 Answer from Attorneys
Anthony Smith LawSmith

The 5th amendment to the US Constitution protects yrou husband form having to give tesitmony agains thimself. In that respect, he doe snto have to admit that he switched seats. But, there are sometimes strategic reasons for doing so. That is true is he is later a defendant.

But, a subpeona is a directive to appear. If he ignores it, he can get resubpeonaed or have nech warrant issued for his arrest. The particular facts of each case determine how one should respond to a subpeona. Therefore, yoru husband consult direclty with a attorney in your area. Many offer a free or low cost initial consultation.

Good luck

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Answered on 11/30/10, 10:39 am


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