Legal Question in Criminal Law in California

Re: subpoena

I have a mandatory subpoena to testify aginst my husband. Is this legal? What happens if I don't show?

This is a question that needs additional information before it can be answered. The answers could be exactly what you want, or just the opposite, or anything in the middle. It's quite complex. I'd be happy to discuss this with you if you'd like to. Don't hesitate to contact me. Steve Mandell

Re: subpoena

There is a privilege against testifying against your spouse. It's called the spousal privilege. You should answer the subpoena, but you can invoke the spousal privilege against testifying against him. There may be exceptions to the privilege, but I would have to research them. Good luck.

Re: subpoena

I agree with Mr. Iadevaia. There are actually two privileges which may apply here -- one which allows a witness to refuse to testify against her spouse, and one which allows a defendant to bar testimony against him by his spouse even if she is willing to testify.

There are several exceptions to these privileges, and the one most frequently invoked applies to charges of domestic violence by the defendant against his or her spouse. If this is what your husband is charged with then you can be forced to testify regardless of what either of you wants. There are other exceptions that come up less frequently.

What will happen if you don't show up? The judge will issue a warrant for your arrest, and your local sheriff will find you and bring you to court regardless of your wishes. You will then be forced to take the stand, though you will still be able to assert privilege and see whether the judge agrees with you.

You should consult with a lawyer before any of this happens to see whether you actually will have to testify. If you can simply decline to answer then there is no harm in showing up and doing so. But depending upon the facts you may want to have a lawyer with you in court.

Good luck.