Lindsay, CA asked in Criminal Law for California

Q: Do I by law have to testify in court for domestic abuse? I live in california

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1 Lawyer Answer
Nicholas Garrett Emanuel
Nicholas Garrett Emanuel
  • Criminal Law Lawyer
  • San Jose, CA
  • Licensed in California

A: If you are served with a subpoena, you must testify if called as a witness, or you may be subject to prosecution for contempt of court. There are exceptions, however - - if your testimony may tend to incriminate you, as in it may tend to show you have committed a crime, then you have an absolute constititutional right not to testify. Additionally, there may be other legal privileges that would allow you not to testify about certain things. You should consult a lawyer to determine whether there are any privileges that may apply to your testimony.

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