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I have been Subpoenaed to testify against my ex husband. At…

I have been Subpoenaed...

I have been Subpoenaed to testify against my ex husband. At first I said I would and I pressed the charges but what the detective and prosecutor said would happen hasn’t!

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Michigan, yes

Lawyer's Assistant: Has anything been filed or reported?

My ex husband got back to ofether right after the divorce. We have been together for 18 years. He was charged with domestic violence against me. I know a lot of woman say this but he has never hit me before now. Plus honestly I completely made things worse. I know he is having anger issues due to having no license and because of his felony not being able to get a job. I am supporting the family and he is a hard worker. They told me they would mandate anger management, concealing and probation. Also, said he would PR out or a small bond and the prosecutor asked for a very large bong, the judge dropped it down. Anyone who knows me knows I would never accept being hit. He is sitting in jail now I have been subpoenaed for court to testify on 3/14 and honestly I don’t want to since they lied to me to get me to press the charges, statin he would get help

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sorry frustrated

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Answered in 3 minutes by:
3/7/2018
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,497
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. While normally there is a spousal privilege, it does not apply in cases of domestic abuse. Which means that someone in your situation has to appear. What you will testify to - that is your decision. But there is no choice to appear if subpoenaed, I am afraid.

The DA has you as their star witness. Meaning if you do not appear or renege on the version of events you provided to the police, then the case may fail. Of course there is then the chance of the DA filing charges of obstruction of justice, so one needs to walk that line carefully.

if you wish to help, then one wants to contact his attorney. His attorney will then tell you what you can do to help. If the DA sees that their star witness is on the defense's side, they may drop the charges.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 1 month ago
Can I plead the fifth without getting in trouble
Customer reply replied 1 month ago
OKC at work my phone is forwarded is there a number I can call you at
Customer reply replied 1 month ago
I in forwarded my phone you can call(###) ###-####

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost.

The Fifth Amendment can only be plead if your testimony will result in criminal liability. So if this is the case, then perhaps. This is dangerous, however.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
It’s ok, how do you mean dangerous? Honestly I did hit him to. I told the police this though.
Customer reply replied 1 month ago
What do you mean by criminal liability?

I mean, you can be sanctioned by the Court if you refuse to testify on the 5th Amendment, but cannot show how it applies. You may be charged with blocking an investigation, filing a false report, perverting justice, etc, by changing your story in Court.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
Ok, so not much I can do at this point even though they lied to me about what would happen to get me to testify.

I am afraid not. However, do consider talking to his attorney, as he may be able to help you find a loophole not to testify, or at least to legally testify but in a more favorable light to your husband.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
He is getting or got a court appointed attorney, how would I find out who his lawyer is

You can call the court and ask the court reporter - it is public record.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,497
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ok, thank you

No problem. Good luck.

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Customer reply replied 1 month ago
They said I could not have contact with his lawyer

Who did?

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Customer reply replied 1 month ago
I asked for the court reporter a lady came on asked his name and my name and said I couldn’t have contact with the lawyer

Okay - you asked another question so please, can you reply with the same thing on that thread? Do you know how to get to it from your screen?

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Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,497
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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