Legal Question in Criminal Law in Texas

testify against husband

someone called cops on us and tookk husband in, after they saw some brusinig on me, im not filing charges but they still are, i dont want to testify against him, do i have to


Asked on 5/14/09, 12:47 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: testify against husband

IF you are subpoenaed, you will be obligated to appear and testify truthfully to questions that do not incriminate you. You can notify the ADA now that you wish to file an affidavit of non-prosecution.

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Answered on 5/14/09, 8:06 am
Robert Tuthill Law Office of Robert H. Tuthill

Re: testify against husband

if the state files a subpoena, you are "obligated" to show up and testify truthfully. In reality, spouses often do not show up for trial.

Many counties do not listen to the victim in deciding whether to prosecute or not.

You should call the prosecutor and make your feelings known. Tell them that you do not want to testify. Tell them what you would like to have happen with the case, and go from there.

You should also make sure that your husband gets a decent lawyer. Assault cases involving family violence carry a lot potential consequences.

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Answered on 5/14/09, 8:53 am


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