Legal Question in Criminal Law in Missouri
Class D felony, Domestic Assault
The person who the domestic assault was against don't want to press charges and did not fill out anything pretaining to the case. The state picked the charges up and he don't want to testify against me, so can he plea the 5th?
1 Answer from Attorneys
Re: Class D felony, Domestic Assault
A person might be able to exercise his or her 5th Amendment right if the answer to a question might tend to incriminate him or her. How is that applicable to this situation? It would appear that there is a pending case of the State against You. The other person you refer to is only a witness in the state's case and can be subpoenaed to testify even if he doesn't want to do so. It is up to the prosecutor whether to proceed in these situations or not. Also, if you and the other person are husband and wife, you might want to look into the possibility that one spouse can not be compelled to testify against the other spouse. If you do not already have an attorney, you need one. Good luck.
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