Legal Question in Criminal Law in Maryland

Re: Domestic Voilence

When you reported the incident to the police, they responded and determined that an assault had occurred. An assault is a crime against the citizens of the State, not just against you. The State evidently intends to prosecute your stepson and call you as a witness. If you do not respond and fail to show up as a witness, you will be subject to arrest and detention for failure to obey a subpoena.

It is possible that at the time of trial, the fact that you and your stepson have made your peace will be enough for the State not to press charges. But that is the prosecutor's decision, not yours.

I hope this information is helpful.

Re: Domestic Voilence

The State has the option to pursue the charge and

to subpeona you to court to testify. If you ignore the

subpeona and do not appear you may be held in contempt and prosecuted as a

result. If you appear and refuse to testify or answer the prosecutor's questions, the judge will direct you to respond. If you refuse to respond, you also may face penalties. You may face civil (fines) or criminal contempt.

You have no Fifth Amendment right in the case as you indicate.

The Constitutional rights apply to the person who is charged with a

criminal offense. Unless there is some crime for which you could be charged

and for which your testimony would directly relate, you do not have a right

to refuse to testify on the basis of self incrimination.

Your step son would be wise to consult with an attorney. I am available at (410) 799-9002 or by return e-mail.