Legal Question in Criminal Law in Alaska
what do i have to say to the district attys office
My husband has been charged with a class B felony and the district attys office has called me about doing some paperwork concerning his case. Since my husband is being represented by the Public Defenders office, I obviously cannot call them for advice. I do not want to talk to anyone at the DAs office, as I don't feel that it would be in the best interest of my family. How much am I obligated to tell them. (they allready have the police report. What are my rights?
2 Answers from Attorneys
Re: what do i have to say to the district attys office
I'm not sure I understand your problem. Were you the victim? the complainant? If not, why can't you talk to the PD's office?
In most states, a spouse cannot be compelled to testify against the other other spouse, but there may be exceptions in your case. Normally, no one has to cooperate with the DA.
But your best bet is to talk directly to a lawyer, to explain face to face just what it is you want, what you are afraid of.
If you can't afford a lawyer, ask Legal Aid for help, or try your local bar association - most bar associations have panels of lawyers willing to help for reduced fees.
Good luck!
Re: what do i have to say to the district attys office
I disagree somewhat with the post of attorney Susan Freiman. While I also am not licensed in your state (I am only licensed in Tennessee), much of the law in this area is going to be the same from state to state because it is controlled by the United Staets Constitution.
You need to start by being aware that the prosecuting attorney can not make you testify unless he gives you immunity -- which is not likely to happen.
You need not answer the request of the prosecuting attorney OR the police when they want to ask you questions. And this is true EVEN if you were the "victim."
And Legal Services is simply not going to get involved in a case like yours (criminal), so contacting them is a waste of time.
Bottom line is you are not obligated to answer ANYTHING unless you are called to trial and put on the witness stand.
And unless the D.A. has a very good idea what you're going to say, he is VERY unlikely to call you to testify when your testimony could be very helpful to the defendant.
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