QUESTION

Do I have to testify

Asked on May 22nd, 2018 on Domestic Violence - Nevada
More details to this question:
Would I have to testify if I was subpoenaed by court to testify my ex wife attacked me. Would I be able to plead the fifth amendment and not answer. I don’t want anything done to her I am divorced now and do t want to cause any more problems. This is her third offensence with two other men and she is not of legal status in this country. I do not want to testify to cause further issues for her. There was a police report.
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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If the D.A. or other prosecutor has subpoenaed you to court, then refusing to show up could cause a warrant to issue for your arrest.  Whether that is likely in your case should be asked of a qualified criminal defense attorney.  The Fifth Amendment gives a privilege against SELF incrimination, allowing you to refuse to anser if the answer could incriminate you; from what is provided, it is hard to see how it applies, but you should confier with criminal defense counsel. Another privilege might apply, however.  Under NRS 49.295, a spousal privilege attaches, under which, generally, neither a husband nor a wife may be examined without that person’s consent in any prosecution or civil suit against the other, and neither may be examined during the marriage or thereafter, as to any communication by one to the other during the marriage, without the consent of the other.  In other words, the “refusing to testify” privilege belongs to the spouse called to the stand, to invoke or not, and the confidential communication privilege belongs to the other spouse. Again, you should speak with qualified criminal defense counsel.
Answered on May 23rd, 2018 at 10:11 AM

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