Legal Question in Criminal Law in California

If a parent is subpoenaed by the district attorney to testify against their child in a misd case- can the refuse?


Asked on 7/13/10, 6:44 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You would be in contempt of court, and as an officer of the court I am required to advise you to testify, but if it were my child I would tell the DA and the court to go pound sand -- regardless of the consequences.

Read more
Answered on 7/13/10, 10:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

There is no parent-child privilege that would exempt a parent from testifying against her child or even allow her to refuse to answer specific questions. If the parent refuses to come to court, a sheriff's deputy will find her and bring her there. If the parent resists, the deputy will use force. If she refuses to answer questions when she is in court, she can (and probably will) be held in contempt. I don't envy anyone in that position.

Read more
Answered on 7/14/10, 12:13 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Hoffman is correct. There is no privilege for a parent to refuse to testify against a child. If you fail to comply with the subpoena you could be arrested and taken to the hearing, and even charged with contempt.

Read more
Answered on 7/14/10, 2:14 pm


Related Questions & Answers

More Criminal Law questions and answers in California