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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
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Experience:  16 yrs. of experience including criminal law.
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I was served a subpeona by the court to testify against my

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I was served a subpeona by the court to testify against my husband in a 2nd domestic violence charge. I did not press any charges or fill out a statement and no pictures were taken by law enforcement. My husband did not physically hurt me in any way. Do I have to testify against him or can I refuse to testify based upon the fact that I am his wife?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist

The spousal privileged will not apply in a case where the husband is prosecuted for crimes against the wife. SO you will be required to testify if subpoena is served.

If you refuse to testify you could be held in contempt of court.

That said, you can certainly tell the prosecutor you do not want to cooperate with their case. In some cases, this is enough to get to prosecution to drop the case and focus resources on other cases. You may also be well served to have an attorney speak to the prosecutor on your behalf.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.

Customer: replied 7 years ago.
Can I talk to the same attorney that my husband has retained to defend him?
Expert:  P. Simmons replied 7 years ago.
Your better off with your own. Your Husband's attorney can not do "double duty" need to get an attorney that can represent you free from conflict. SO if you can afford, I would start there. If not you may want to call your county legal aid to see if you qualify for assistance

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