Legal Question in Criminal Law in Virginia
Testifying
If you are summoned to testify against someone you dont want to, can you envocte your right to the 5th amendemt? What will they do if you refuse to talk? If these people have a child together, are they not considered common law family and do not HAVE to testify against each other?
1 Answer from Attorneys
Re: Testifying
No, a person so summoned to testify at
a trial would have no Fifth Amendment right not to testify unless
it regarded testimony which might incriminate(involve in a crime) the person in which case he or she could assert such Fifth Amendment protection. If the person, however, having no such right not to testify, simply refused to do so, he or she could be found in contempt of court and sanctioned accordingly.
Common law marriages are not recognized in the Commonwealth nor any such legal status as "common law family".
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