My sister-in-law's husband forged one of her checks. The checking account is in her name only. He was caught and charged with forgery and is awaiting trial. She was named as the complaintant in the case. She has been asked to testify for the prosecution against her husband. She says she can use the husband/wife confidential privilege and not testify against him. I heard this can't be used if the crime is against the spouse, which it was since it was her check. The check cashing agency is also listed as a complaintant. Needless to say she is still with this loser and wants to defend him to the end. Doesn't she have to testify if asked?
2006-09-30 00:51:20 · 10 answers · asked by Kimmy 4 in Politics & Government ➔ Law & Ethics
She did not receive a subpoena but the Assistant District Attorney left her a message requesting her to testify.
2006-09-30 00:58:57 · update #1
She won't have to testify unless she is given a subpoena to do so.
2006-09-30 00:56:24 · answer #1 · answered by []\/[]r ray 2 · 0⤊ 0⤋
She either has to testify, or acknowledge that the check is not a forgery. In this case either way she is a loser to be with a loser like that!
2006-09-30 00:59:07 · answer #2 · answered by Anarchy99 7 · 0⤊ 0⤋
She may not have to testify, but if she withdraws her complaint and refuses to testify, she may be held liable for the money that is at issue. She needs to consult a lawyer.
2006-09-30 01:15:39 · answer #3 · answered by auld mom 4 · 0⤊ 0⤋
Unless she is served with a subpoena she does not have to testify. If she refuses after being sobpoened they will charge her with contempt of court. Seems to me she deserves him if she does not proscute him. Everyone has a mate in life, and it seems that she has found hers.
2006-09-30 01:08:43 · answer #4 · answered by Ex Head 6 · 0⤊ 0⤋
Why can't she say it is not a forgery and it was her own,the difference is due to her hand injury which she had on that day.
In a similar case my friend forged his father's check.
His father said that he had injury on his thumb and as such he could not sign as he was doing all the time.
2006-09-30 01:07:33 · answer #5 · answered by SKG R 6 · 0⤊ 0⤋
is she recieves a subpoena she has to testify wether she wants to or not. she sounds stupid if she actually wants to help him.
2006-09-30 01:01:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
yes without a doubt
2006-10-01 22:28:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes
2006-09-30 00:59:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes she does.
2006-09-30 00:53:30 · answer #9 · answered by Lucy Lu 4 · 0⤊ 0⤋
I would, just to get rid of him.
2006-09-30 01:01:07 · answer #10 · answered by tracy211968 6 · 0⤊ 0⤋