QUESTION
Can an affidavit of non-prosecution keep me from testifying against my husband? How?
Asked on Jun 04th, 2015 on Criminal Law - California
More details to this question:
My husband has been charged with 4 felonies - among which include domestic violence, felonious restraint, burglary and assault also involving another victim which I did not bear witness to. I have maintained throughout the proceedings thus far I have not been hurt or felt threatened by my husband. Despite this the prosecuting attorney's office has me down as a witness and claims they will subpoena me when the time comes. In that event I will refuse to testify and likely get contempt of court as a result. Is signing an affidavit of non-prosecution applicable in this circumstance and if so - where/how do I go about signing one?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should take all of the details and confer with your own attorney regarding your being compelled to testify.
Answered on Jun 08th, 2015 at 3:00 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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No, it won't help you avoid testifying. However, as an alleged victim of domestic violence, you have certain rights that you can assert. Contact an attorney.
Answered on Jun 04th, 2015 at 11:57 AM
Thomas Edward Gates
The affidavit does nothing for you. You need to retain an attorney to represent you. You can also not respond because of the spousal rule; cannot testify against husband.
Answered on Jun 04th, 2015 at 11:51 AM
It doesn?t work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. He needs a good lawyer.
Answered on Jun 04th, 2015 at 11:36 AM