If my daughter is the states key witness in a case against her live in boyfriend, does she have to testify?

UPDATED: Mar 19, 2016

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If my daughter is the states key witness in a case against her live in boyfriend, does she have to testify?

Her live in boyfriend is being held on a count of murder. A guy died in their

house but my daughter was elsewhere in another room with the baby and didn’t see anything.

Asked on March 19, 2016 under Criminal Law, New Mexico


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She has or no doubt be subpeonaed. And a subpeona is a direct order to appear in will court. Failure to comply with it can result in your daughter being held in contempt which can lead to fines and/or jailtime. Sometimes, such penalties are not enforced in lesser cases but for a key witness in a murder case, they proably will be. I'm afraid that she must go and testify. If you have any further concerns on this matter, you should consult directly with a criminal law attorney in the area.

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