Legal Question in Criminal Law in California

pre-trial

My question is: if requested, do I have be a witness at the pre-trial (I am a victim) - I called 911, we had a fight w/my husband late in the night and I called 911 because I did not wanted our kids to hear the fight (they were sleeping). Against my wishes police went upstairs, walked up our sleaping children, and took my husband to prison. I was asking many, many times that this is rediculous, that I do not want it - they were saying ''after Simpsons case it is what we HAVE to do - one party from domestic valiance(conflict) has to be arrested. Our family entered many months of court. I send the letter to the Judge and District Attorney stating that I did not wanted that, that police acted against my will. The case was lowered to 415 ( disturbing public ...). We hired the lawyer, he advised pre-trial hearing to lower the consequences ... (My husband may loose job if he will end up with criminal record) we have 2 small children and I am not working staying home w/kids.

Do I have to be a witness for cross-examination at the pre-trial hearing, if asked or do I have a right to refuse to be a ''witness''?


Asked on 8/24/08, 3:46 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: pre-trial

What do you mean, they took your husband to prison "against your wishes"? What exactly did you think would happen when you dialed 911? Are you so naive as to think the police wouldn't wake your sleeping children? Now your husband had to pay thousands for lawyers, and he'll probably lose his job. If he asked me, I'd advise him to leave you.

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Answered on 8/24/08, 5:28 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: pre-trial

You have options. Depending upon the circumstances of your situation, you might be entitled to assert 5th Amendment privilege against self-incrimination and not to be forced to testify against your husband. If you do not testify, chances are case against your husband will have to be dismissed.

Another thing to keep in mind is that you have to testify only and only if a valid subpoena for your appearance and testimony has been issued. A subpoena is valid only if served upon you in person. Subpoena served by mail is not valid.

Your situation requires a CONFIDENTIAL consultation with an attorney in order to thoroughly explore your options. Feel free to give me a call.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/25/08, 2:58 am


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