QUESTION
Do I have to be a witness to my husband's trial if I was subpoenaed?
Asked on Apr 01st, 2013 on Criminal Law - Georgia
6 ANSWERS
Michael J. Breczinski
If your husband invokes the spousal privilege and the charge is not exempt from it then the answer is yes.
Answered on Apr 03rd, 2013 at 9:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, or you will be in contempt of court and in trouble yourself. See an attorney now!
Answered on Apr 03rd, 2013 at 8:45 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes. If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail.
Answered on Apr 03rd, 2013 at 8:18 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Yes.
Answered on Apr 03rd, 2013 at 8:17 PM
Yes you do. You can only plead the 5th if your testimony will incriminate yourself in a crime. It doesn't sound like this is the case here.
Answered on Apr 02nd, 2013 at 9:28 PM
James Edward Smith
You can invoke the marital privilege.
Answered on Apr 02nd, 2013 at 8:40 PM