Legal Question in Civil Litigation in New York

Witness' Rights

Hello, Do I have to testify as a witness if I am subpoened? If so, what is the penalty if I choose not to. I have no record, never have been in trouble.

Situation: I had my ex husband arrested for yanking my steering wheel while I was driving, our child was present. It went to town court and then the DA picked it up because my ex has a criminal background of DWIs. This DA wants to charge him as a Felony, when they were originally a misdemeanor. I wanted the charges dropped, I am only witness.But DA told me it was out of my hands. He wants to give my ex 15yrs, I don't feel that it should be punishable like this. The DA does not like him and really has it out for him. He will not be any good for my son if he is in prison for that long. My ex is in re-hab and doing well. This is all I wanted. Please, Do I have to testify? and What kind of trouble will I get into if I don't?

Thank you--name removed--Homer


Asked on 8/28/05, 2:46 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Witness' Rights

In addition to fines, the court can put you in jail until you agree to testify, and that puts your child into foster care; there's no guarantee you will get the child back automatically if you were jailed for contempt of court.

The DA is taking it easy on you. There are those who would view your non-cooperation in the prosecution as permanent neglect of your child since s/he was put at risk by your ex-husband's assault. And make no mistake, when he grabbed the steering wheel, that is the crime your ex committed, and your child is as much the victim as you. Loss of parental rights is very much one of the tools the DA has at his disposal. You are obligated to appear and testify truthfully, and the DA has the tools to make you and your child regret a contrary decision.

This note is not legal advice and does not create an attorney-client relationship.

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Answered on 8/29/05, 6:41 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Witness' Rights

if you ignore a subpoena you may be held in contempt,civil or criminal contempt.It depends.

This is out of your hands.

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Answered on 8/29/05, 2:00 am


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