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do i have to legaly sign a supeona or testify against my husband????

Sent to Legal Experts October 17 2006 at 4:04 PM
   

my husband is in jail looking at 20 years in prison, the D.A wants me and my son to testify, and we already provided enough, we are just done and want to move on, but were being supoenaed and we dont want to testify any longer so could you please answer that one question for us, thank you

 

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henderson, Nevada

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Customer (name blocked for privacy)
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Info Request
October 17 2006 at 4:13 PM (9 minutes and 6 seconds later)
         
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Well you have two questions and this is ok......your asking do you have to sign a sub. And your asking if you have to testify. Is this a federal Crime of a large nature as this may effect my answer to you. Have you been served with a sub. Let me know.

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October 18 2006 at 5:22 PM (1 day and 1 hour later)
         
Reply to 4ren6's Post: i do not know what a sub is, but if its a supoena yes, the first time, now theres another court date, so they stuck a supoena in my door and keep calling to see if i have recieved it yet, my true question is do i have to sign it and testify against him, my son and i believe he's been punished enough, yes it is a big crime, he has 16 accounts of child lewdness from my 14 year old son which can give him 20 years in prision, my son don't want this to happen we just want him to get syc help, and the D.A lyed to me to get letters from me to use as evidance, and they said it would help him so the judge will see that hes remoresfull, any ways do i have to testify or can i refuse??? thank you for responding teresa
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October 18 2006 at 5:37 PM (14 minutes and 20 seconds later)
         
REPLIEDCheck Mark

You can refuse but you can still be called. You can be what is termed a hostile witness by the prosecution and still be ordered by the judge to testify or be held in contempt.

Normally one is "served" with a subpoena. They have to hand deliver it and present it to you to know that you have been served. It would appear that at one time you were working with the prosecution and they expect you to continue. It would appear that now your not wanting to.

With all due respect why would you not want to continue through with this. It would appear that either you or your son brought the complaint against your husband. For the child's sake and future I would urge you to complete what you have started.

But to answer your question you can be found in contempt of court if you do not show after being served. It is your decision if you choose to testify or not. But as I said the Judge can order you to continue your testimony. Also, any testimony given already can or may be re-entered into the court record if this is a new trial. Let me know if this has answered your question.

 



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October 18 2006 at 5:56 PM (19 minutes and 9 seconds later)
         
Reply to 4ren6's Post: my son and i wanted to help him so he can get so syc help and i told the D.A we didnot want him going to prison for this happen to him most of his life so we feel bad for him, he will never come into our home again, nor am i staying married to him but i feel hes a person that can change,so i told the D.A about some appolagy letter he had sent me, and she told me it would help hime because the judge will see that he's remorsefull and realizes he needs help, well the last time ther was court he tryed house arest and told the judge he was a monster, nothing he did was forcefull or violent just very violating, and my son wants to see him get professional help,i sure hope this makes sence,but comming from the other end, it sounds horrible and it all is but i dont believe prison is the answer, thank you PLease help Teresa
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Answer
October 18 2006 at 6:03 PM (6 minutes and 46 seconds later)
         
REPLIEDCheck Mark
It is all up to you. You can contact the prosecution and the courts and view your opinions more with them. But if my son had been molested 16 times then I would be more concerned with the well being of my son then my ex that I intend to never be with again. I think your son deserves more attention in this then your ex does. But work with the DA and try to get him to go with something other then prison. 16 counts is quite a few in todays world of child abductions.

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4ren6 -- Forensics/CSI -- 99% Positive Feedback on 3026 Legal Accepts
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October 18 2006 at 6:15 PM (12 minutes and 12 seconds later)
         
Reply to 4ren6's Post: yes i have spent alot of time with my son i am just so thankful he came and finally told me after 1 1/2 years, as for my soon to be x we still have a 1 year old and 3 year old togther, so i guess theres alot to put in to play yes i know what he did was unthinkable and he cant explain why he did it! cuz he say's he has no desires for little boys, i feel he needs to go away to a mental ward and work out his problems and this can only happen if i dont testify right!!?
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Answer
October 18 2006 at 6:28 PM (13 minutes later)
         
ACCEPTEDCheck Mark
No not really as the prosecution can go forward without you. They may have enough to prosecute without your testimony. Remember that he more then likely gave statements that are of record and can be used. Again, what is more important at this point.......your soon to be ex or to try and retain your family structure of you and your children. Take your children's side and go with them. I assure you your life and theirs will be much better. He will get treatment (mental) in prison for this.

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