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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 33705
Experience:  15 years practicing criminal defense.
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Can I keep my 16 year old daughter from testifying in court?

Customer Question

Can I keep my 16 year old daughter from testifying in court? I know that the DA is going to twist words if she has to testify.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Unfortunately the answer is no, you can't prevent daughter from being called as a witness to testify in a criminal case. If she has been subpoenaed in the case, she would have to appear in court and you would have a legal duty to ensure that she appeared or you could be held in contempt of court as her legal guardian.

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However, with that said, if daughter responded with answers like she didn't remember, or didn't know, or couldn't recall, or didn't see anything, that might quickly frustrate the person questioning her so that he gave up.

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thanks

Barrister

Customer: replied 1 year ago.
Can my daughter choose to plead the 5th also?
Expert:  Barrister replied 1 year ago.

Well, not really because she isn't being accused of a crime. The 5th is to ensure that the person testifying doesn't make statements that incriminate themselves in the commission of any violation of the law. So if she doesn't want to cooperate, the responses I mentioned earlier will fairly quickly discourage any further questions.

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thanks

Barrister

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