he does nopt want to testify against me now bieng his wife, what would happen if he did not show up for court? they have only 10 days left to try the case. what would the conserquence be for him by not appearing at the jury trial?
2007-10-28 15:36:36 · 19 answers · asked by pamkcromwell111 1 in Politics & Government ➔ Law & Ethics
Get divorced quickly.
2007-10-28 15:39:02 · answer #1 · answered by chessman777fischer 3 · 0⤊ 3⤋
He can be arrested for not showing up when he's been subpeonaed. However, many places will not allow a person to testify against a spouse anyway. The court may not be aware that you are now married if he was listed as a witness at the time of the incident.
He really should go, just to avoid a warrant for his own arrest. When he arrives he should talk to the lawyer about it being a conflict of interest since he's married to you. There's a very good chance he'll be dismissed as an unreliable witness.
2007-10-28 15:47:17 · answer #2 · answered by rohak1212 7 · 0⤊ 0⤋
I think this is a legal question that only an attorney would be qualified to answer. I've heard that spouses do not have to testify against their wife or husband, but I suppose it would depend on the circumstances. As far as I know, though, a subpoena is issued by the judge, and failure to appear might constitute contempt of court. Whether he can get out of testimony, is something else. However, I would definitely seek legal counsel. If you can't afford a lawyer, you can get a public defender appointed in your behalf. At least he or she can answer any questions you might have. Good luck!
2007-10-28 15:45:36 · answer #3 · answered by gldjns 7 · 0⤊ 0⤋
If he doesn't answer the subpeona by appearing in court, the judge will issue an arrest order,for contempt of court against him. He then would be arrested for contempt,and failure to appear! The fact that you are now married,legally,he does not and cannot testify against you,because you are married.Let him appear in court for the hearing, and state,he does not wish to testify against his wife! If he is the only wittness against you the case will be dismissed..
2007-10-28 15:48:06 · answer #4 · answered by solomon 6 · 0⤊ 0⤋
Trust me I come from a law background. The worst thing he could do is not show up. You two need to just figure out a story and be supportive of each other and each others story in the court room ... show the jury you guys love each other and every thing is ok know. ....If your husband doesnt show up it's very likely a warrant will be put put for his arrest. It's best to get this out of the way know. Also if you can, try to get some sort of legal representation for you husband.
2007-10-28 15:44:36 · answer #5 · answered by camac223 2 · 0⤊ 0⤋
The worst thing he could do is not show up for court. If this was a one time incident and he is honest, you will be fine. He should recomend counseling instead of time and that usually goes over well and it might work out well for you too. Not showing up could just prolong the situation and both of you ( since you're married) may get into trouble.
Good Luck
2007-10-28 15:44:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Both of you need to go to court and take to the judge about it and say it was a mistake. To not show up you would be arrested and could go to jail in comtempt of court.
That would be a very wrong thing to do. Go now and talk to the judge. or the DA
2007-10-28 15:41:12 · answer #7 · answered by cloud 7 · 1⤊ 0⤋
If u are from Egypt than i have no idea.
It was happened to one of my friend here in USA. They dropped a case,and gave him 5 years probation cuz his wife didn't testify against him.
Good luck.
2007-10-28 15:46:42 · answer #8 · answered by tetyana 2 · 0⤊ 0⤋
anyone with a subpoena must attend court wether they testify or not. failure to not attend can result in contempt of court and could face a fine or sentence judge's discression
his best bet is attend once there he can refuse to testify
as long as he attends and is noted that he is there nothing can happen to him
2007-10-28 15:42:39 · answer #9 · answered by bob 6 · 0⤊ 0⤋
A warrant for his arrest. You were beating on him? Doesn't sound like a strong basis for marriage. I hope you have those issues worked out. But he must come to court or he will have a warrant issued for him.
2007-10-28 15:40:47 · answer #10 · answered by Cayuseranch 2 · 1⤊ 0⤋
There's a good chance that a bench warrant will be issued for his arrest...make sure he appears in court and straighten this situation out...If anything, both you and him will have piece of mind...
2007-10-28 15:41:36 · answer #11 · answered by Ernie G 2 · 0⤊ 0⤋