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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32909
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I dont want to testify in court against an ex husband incidents

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I dont want to testify in court against an ex husband incidents that happened 13 yrs ago. DA is telling me i have no option, is this true? I suffer depression and anxiety i dint want to testify about my past

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

If you were subpoenaed then you have to testify and truthfully answer any questions asked.

JD 1992 :

If you feel it is harmful to you to do so then you could hire an attorney to file a Motion to Quash the Subpoena but that is the only way to possibly prevent being forced to testify.

JD 1992 :

If you fail to appear or refuse to testify then the judge can order you to be placed in jail for contempt.

Customer: Why can' t the court except my doctors letter explaining that medically it will cause depression and severe anxiety
Customer: What happens if I cant remember cause its been soo long
JD 1992 :

There are a number of reasons but first the doctor's letter is hearsay and not admissible.

JD 1992 :

If you can't remember then you can't remember. "I don't remember" is a perfectly valid response.

Customer: So the dea wants me to review the incidents before court, do i have to? I feel pressured to remeber what i dont want to remeber cause its painful
JD 1992 :

There is no way he can make you review anything before court

JD 1992 :

That is not a part of the subpoena.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer: Can i testify in private ? Instead of public can i ask the court for that?
JD 1992 :

You can ask but it won't be granted. The courts are open to the public with the exception of juvenile matters.

Customer: If i go to court but i reject to testify will i be fine?
JD 1992 :

If you refuse to testify the judge is more likely to order you to jail than to fine you.

JD 1992 :

That is because the judge will first order you to testify and if you refuse it is a direct violation of his order.

Customer: This is awful, thanks for your help
JD 1992 :

You're very welcome.

JD 1992 :

I wish you the best on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.


 

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