The previous expert was correct. It is against the law to ignore a judicial subpoena. You can do it, but the court has the power to order the police to pick you up and haul you into court to explain yourself and face contempt charges.
They would not put you and/or the children on the stand without hearing what your testimony would be and without some preparation. This would be all the more important with regard to your children, particularly the 10 year old who is young enough so that he would not be automatically presumed to be a competent witness.
If what you have said above and what you have said the children will say is the truth, the prosecutor will not want to put you on the stand and have you testify in support of your husband because they can't make out their case that way with you. And since you were the complainant, the state cannot make out their case without you either. So the prosecutor has probably warned you that if you are making this all up now and forcing your children to lie for you, that you could be charged with perjury and is saying a number of things designed to scare you into going back to your original story. They do not want to dismiss this case if they think that something may have really happened. So they are pressing you hard, and also pushing a plea at your husband.
Unfortunately, these are things that the prosecutor has the legal right to do. That doesn't mean, however, that you should take the stand and lie if you learned the truth late and believe that nothing went on. You should immediately seek out and retain a local criminal
attorney and follow his instructions. He can perhaps call the prosecutor and try to work something out. If he can't and he tells you that you must honor the subpoena, he can be present to make an argument to the judge on behalf of you and your children.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Edited by FranL on 11/2/2009 at 9:01 PM EST