My common-law husband has been charged with a third degree felony in FL. I got a summons to appear at his arraignment. Do I have to testify against him?
2007-01-29 06:09:10 · 12 answers · asked by panthers1019 1 in Politics & Government ➔ Law & Ethics
If you split up less than 5 yrs ago you may be able to plead "innocent spouse". YOU MUST make a legal response to the summons. Felony makes the crime a federal one and you don't want to put away for contempt. Get a lawyer.
2007-01-29 07:25:23 · answer #1 · answered by justbeingher 7 · 0⤊ 0⤋
If you do not show up they will issue a bench warrant for your arrest. They can put that warrrant on the National crime reporting site and it could be enforced in South Carolina. If you are called as a witness, you must appear and if you are asked to testify, you must do so. Have you tried calling the prosecutor to see if your testimony is really necessary? You might be able to convince the prosecutor that you know nothing about the matter and cannot add anything by your testimony. A Summons is a Court Order and you have to obey an order of the Court.
2007-01-29 14:26:48 · answer #2 · answered by David M 7 · 0⤊ 0⤋
i am not a lawyer but i do live in Florida and i do know the law here. if you receive a nice to appear and you fail to appear the attorney or the court can issue a notice to compel you to appear, if you fail to appear again you will be arrested if you are ever stopped for any reason in the state of Florida, additionally, your name will be entered into a data base in the event you are stopped in another state and it will show a warrant for your arrest. most states share this information with each other. I would suggest that you take this order very seriously, as it could have an effect on your future life..Good luck!
2007-01-29 14:22:04 · answer #3 · answered by capatinpilotfriend 2 · 0⤊ 0⤋
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2014-11-12 10:42:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are not legally married, yes.
If you fail to appear and then later go to Florida and are pulled over for anything, you will be arrested on the spot for failure to appear and whatever else they want to add onto it.
If you don't want to testify against him, get married... but you still must appear in court in Fl.
2007-01-29 14:13:33 · answer #5 · answered by Chris C 5 · 1⤊ 0⤋
Unless the state in which you reside legally has a "common law" marriage statute on the books you are nothing more than a couple of people living together and you are not protected under spousal privilege.
Check the laws of your state of legal residence - many people say they are common law, in reality many states do not recognize the so called common law marriage
2007-01-29 14:12:56 · answer #6 · answered by Susie D 6 · 1⤊ 0⤋
The only legal requirement you have, as it stands, is to show up. Anything more, and I would start getting a lawyer. If you don't show, legal action may be taken against you by the state courts, and that's bad mojo.
2007-01-29 14:14:05 · answer #7 · answered by glennthomaswright 2 · 1⤊ 0⤋
they can put out an arrest warrant for you.
its up to the state of SC to decide if they want to enforce it, but if you're ever in Florida again they will arrest you and charge you for it.
2007-01-29 14:13:19 · answer #8 · answered by Kutekymmee 6 · 1⤊ 0⤋
you have to go to if you got a summons. you will more than likely be arrested if you don't.
2007-01-29 14:38:09 · answer #9 · answered by Lindya 2 · 0⤊ 0⤋
Material witness warrant, enjoy jail if you don't show up.
2007-01-29 14:12:02 · answer #10 · answered by nazilover1488 2 · 0⤊ 0⤋