Does my wife have to testify against a gang member?

Question

My wifes car was broken into, her purse, camera, and sunglasses were stolen. They eventually caught the guy he even put over $1,000 on our credit cards. When he got caught they found a number of purses, firearms, and drugs in the car. Well we found out he is a gang member and my wife has been subpoenaed to testify against him, they are telling my wife she has to do it. I told her to plead the 5th and they told her she couldnt only the prosecuted can. My wife cries at night about this, we cannot afford an attorney. Thanks in advance

Answer 1

Your wife cannot take the 5th, as that protects you only from being forced to testify against yourself.

If she refuses to testify she can - and probably will - be jailed for contempt of court.

If she takes the stand and lies, she can be prosecuted for perjury.

To get criminals off the street sometimes requires forcing testimony from unwilling witnesses. That's just how it is.

Richard

Answer 2

Tell her to testify to only that which she knows. More than likely, she is only going to testify about her finding the items gone out of her car, and what was charged on the credit cards - nothing detailed on the crime, unless she witnessed it. But she has to show up and testify, or risk contempt charges and be placed in jail until she agrees to testify.

She can't plead the 5th because that is protection against self-incrimination. Unless she was involved in the crime, she has no reason to plead the 5th. But she should share with the DA her concerns about the threat to her personal safety. She should also consult an attorney. Contact your local BAR association - they will have info that can get her an attorney at a reduced rate or pro bono. There will also be consultations available for free. But in the interest of her safety, she should have an attorney to look out for her best interests. The DA is looking out for winning his/her case, and the defending attorney is looking out for his client. Neither have your wife's best interest at heart. She needs to have someone that has her best interest at heart, and can tell her what her rights are.

Answer 3

Well, first of all, the answer is yes. All citizens are required to cooperate with the process of justice. This includes truthfully answering any questions asked under oath in a court case. The ONLY exception is if answering the questions would tend to personally incriminate them, in which case they can plead the protections offerred by the 5th amendment. Since your wife is not being asked to testify against herself, the 5th amendment is of no avail.

But consider the *6th* amendment to the constitution. What does that say? Among other things, it says:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...*to be confronted with the witnesses against him*; to have compulsory process for obtaining witnesses in his favor..."

In short, justice is NOT voluntary. People do not question the fact that if their country is attacked, they can be called into service and asked to defend their communities. In this case, a petty thug has attacked the community, and if a citizen has information which will allow justice to be done, then it is their legal obligation to do so.

If your wife refuses to truthfully answer questions under oath, she could be jailed for criminal contempt of court.

Answer 4

Ive been in your shoes be for, What would you do if your wife pleaded the 5th then this guy got out and killed someone wouldnt you feel responsible? Retard thugs like that guy need to know people will stand up for what is right even if you are scared. My best advice is to do what is right even when the times are tough.

Answer 5

The legal system is the publics means to achieving a safe society. If your wife doesnt testify then she is contributing to creating a society run by gangs. Even if you have to move I would definitelly testify.

Answer 6

Theres a good chance her testimoney will be in front of the judge as a sworn written testimoney,not the perp/defendant,since
1. she was not present to witness the crime
2. they already have a good case against the perp
They probably want her testimoney saying"that the articles of hers in question are just that...hers and I doubt she'll be on the stand to testify or be cross examined.Some one else said ask your D.A...thats a good idea as to see what she will actually be facing....but I'm sure I'm right.

Answer 7

I believe she does have to. Not sure but they're likely to be correct. I don't know if she has to do it face to face but the defendant would most likely found out who testified if not in a witness protection plan. Why don't you join the FBI and keep an eye on him? lol

Answer 8

Yes, she does. The fifth amendment protects you from self-incrimination. Since testimony against this individual will not incriminate herself, she is legally required to testify if called as a witness.

Answer 9

All she will be asked is:
Was your car broken into on such and such date?
Are these your items?
Was this man allowed to have those items?
Maybe a few other lil questions but thats about it.

That is if it even goes to trial. Most of the time a deal is cut.

Answer 10

you assert gang individuals no longer gang member, does meaning scuffling with distinctive combatants at as quickly as? i do no longer assure my advices will artwork, that's going to easily advance your opportunities of surviving (no longer triumphing). i prefer to propose you to stay faraway from the gang individuals, many times they try unfairly and grimy, occasion you're on your man or woman scuffling with 4 gang individuals, each and each of them had a knife, often times, one will throw stones at you.On that circumstances, your probability is very almost 0, even although you have practiced martial arts for years. in my view, many gang individuals can not combat, they look annoying with the aid of fact they attack in communities.To grow to be a good fighter, you need to be very in good shape and gang individuals are not in good shape with the aid of fact of that's existence type. A gang member's existence type isn't a healthful one, i'm incredibly specific they do extra smoking than workout consultation, they sleep very previous due and doubtless do no longer sleep in any respect, they use drugs. i'm incredibly specific your well-known UFC fighter has a very diverse existence type than a gang member even although the two look intimidating. So whilst you're scuffling with one on one and you're a martial artist, you will dominate the combat, yet in actuality, gang individuals are too coward to combat on my own or unarmed, they try in communities and now and back makes use of firearms, they simply attack somebody they think of is susceptible. anyhow, the acceptable way is to circumvent the combat. to advance your opportunities on your combat you need to hold a weapon which includes pepper spray and taser, i do no longer propose you to hold a gun with the aid of fact in case you kill the gang member, you're in hassle. yet another advice, attack the mandatory factors of the physique, which includes eyes, image voltaic plexus, groin, and distinctive different, you could examine this on the internet in case you do no longer ideas. gaining know-how of a martial artwork does help, yet do no longer anticipate instant consequences, you need to not be waiting to TKO a gang member with the roundhouse kick you have practiced the 1st time.