My boyfriend got into an altercation with my mom's boyfriend. My mom's boyfriend aggravated the situation, and my boyfriend ended up cutting him with a knife he had on his person. Less than four inches, folding knife. I didn't see anything besides my Mom's boyfriend beating up on him pretty badly after he had cut him. I just found out that they issued a subpoena to me, my mom, her boyfriend, and my grandma who were all present. My boyfriend was under (legal) drugs (but a lethal amount) and doesn't remember the incident. He is a drug addict, addicted to drugs doctors give him. He is currently being held in jail, until his court apperance on Friday.
I am not going to testify AGAINST him, neither will my mother or her boyfriend, but I doubt she will say that he boyfriend aggravated the incident, out of fear he will be put into jail. Can everyone refuse to say anything?
My boyfriend pleaded "Not Guilty" by reason of self-defense. Any help or counseling on this is appreciated.
2006-12-06 09:18:38 · 14 answers · asked by Liz S 1 in Politics & Government ➔ Law & Ethics
You have to tell the truth unless you are testifying against yourself or your spouse, and then you don't have to say anything. I would say that you are in a pretty big mess, minus the court issues, just by the violence and drugs in your family.
2006-12-06 09:21:54 · answer #1 · answered by Anonymous · 0⤊ 1⤋
There's reality and there's practicality. Failure to testify under subpoena is grounds for you to be held in contempt of court. This can include fines or per-day jail time. Making a false statement under oath is perjury, a felony in most states.
Practically, it is very difficult for the prosecutor to go forward if no one cooperates, but then he may attempt to have the judge issue a contempt order or charge you with obstruction.
There may also be a spousal privilege issue (although I don't know how that privilege applies to unmarried people or unmarried cohabitants).
If you really don't want to testify, then it's worth it to talk to an attorney; she may at least have the clout them to release you from the subpoena when the prosecutor is convinced it's futile.
2006-12-06 09:27:16 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
You should get a real lawyers advice, but here's what I think: You do not have to testify if your testimony incriminates you in a crime (5th amendment rights), and i think a person is not required to testify against a spouse or family member. Otherwise, when a person receives a subpoena, they must appear in court and provide truthful answers. If they refuse, they can be charged with contempt of court, resulting in fines or jail, and if they lie, they can be charged with obstruction of justice and lying under oath.
2006-12-06 09:27:56 · answer #3 · answered by formerly_bob 7 · 0⤊ 0⤋
sure you can refuse, and i'm sure that they will find you a comfy cell for contempt of court. theoretically they can hold you as long as it takes to make you testify. you could refuse if he had been your husband at the time, but not in this case. it's probably assault with a deadly weapon, with the drugs as an aggravating circumstance. the drugs also hurt the self-defense, because they hurt his claim of being competent to determine that he was in danger. also it sounds like it was actually your mom's boyfriend who has the claim to self-defence. kind of a weird situation
2006-12-06 09:34:28 · answer #4 · answered by C_Millionaire 5 · 0⤊ 0⤋
If you were issued a subpoena then you best get your butt to court.... if you don't, they will issue a bench warrant and you will be sitting along side the rest of em.
If your boyfriend is addicted to prescription drugs, you better talk to his doctor and try to get him help. Unless you don't care if he lives, dies, or stays in jail the rest of his life.
Best of luck.
2006-12-13 12:53:34 · answer #5 · answered by Mojo Marlin 1 · 1⤊ 0⤋
there's nothing that says you can't dress and act in a bizarre manor. Look off into space gesticulate in a strange way mutter to yourself act like you don't understand what you are being asked . Tell them right out loud you don't know what truth is . then whether your telling the truth or not it's doubtful anyone will believe anything you say thus negating your testimony
2014-04-08 14:23:49 · answer #6 · answered by REID C 2 · 0⤊ 0⤋
No you can't refuse, you could be held in contempt of court. If you lie on the stand it's perjury and if you refuse to answer on the stand you will be deemed a "hostile witness" and could be held in contempt for that reason also.
2006-12-06 09:24:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can refuse to testify if you want to be held in Contempt of Court.
2006-12-06 09:23:42 · answer #8 · answered by AnnieD 4 · 0⤊ 0⤋
You will have to testify. You have to tell the truth. If you don't you can be sent to jail for Contempt of Court.
I'm sorry your boyfriend had a lethal dose of drugs, so if they killed him, why to they have him in jail?
2006-12-06 09:22:32 · answer #9 · answered by Aggie80 5 · 0⤊ 1⤋
you CAN refuse to testify, but you will probably be sent to jail for it. The fifth Amendment saves you from self incrimination, but that does not apply in this situation.
2006-12-06 09:25:25 · answer #10 · answered by egg_zaktly 3 · 0⤊ 0⤋