Legal Question in Criminal Law in Massachusetts
do i have to testify against my husband in a criminal case if i get subpoena to court?
Asked on 8/06/10, 5:13 pm
2 Answers from Attorneys
William Harrington
Law Office of William T. Harrington
You will have to show up to court but you cannot be forced to testify against him, if you are in fact married. The da may make you take the stand so the judge can make sure that you are not being coerced. If you do not want to testify, call the victim advocate and tell them that. They may tell you you need not show up but more likely will have you go into court and assert your marital privilege on front of the judge.
Answered on 8/11/10, 5:49 pm
ERNEST BIANDO
LAW OFFICE OF ERNEST T. BIANDO, LLC
No--yes you will have to obey the subpoena and appear at the trial-however the Judge will advise you as to the privilege (spouse) and ask a few questions to determine if the privilege exist-if it does then no you dont have to testify.
Answered on 8/12/10, 4:54 am
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