I have been subpoenaed to court do I have to testify?

Get Legal Help Today

 Secured with SHA-256 Encryption

I have been subpoenaed to court do I have to testify?

My ex boyfriend of eleven years is going to trial for kidnapping for ransom. One if the victims is my aunt’s husband. This happened early this year. We have been apart for almost two years now. I we do have an 11year old child together. The DA has lots of evidence against him. I don’t want to be a character witness against my child’s father. I have moved on with my life and don’t wish to be involved. My child is heart broken enough that his father made a huge mistake and is in jail and will do time. I feel that me testifying against him will cause my son more heartache.

Asked on July 25, 2012 under Criminal Law, Georgia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Most states have a marital privilege that prevents a married couple from testifying against one another in a criminal matter, however because you are not married to your ex-boyfriend, and you were subpoenaed, you will more than likely have to testify. If you are hesitant to testify or choose not to, you need to communicate this to the prosecutor prior to trial so they can make the determination as to whether or not they will need your testimony or not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption