Baltimore, MD asked in Criminal Law and Domestic Violence for Maryland

Q: I’ve been subpoenaed to testify against my child's father for 2nd degree assault but I don want too what should I do

3 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you were married to him, then you have a legal privilege not to testify. If not, so long as the subpoena was properly served on you, then you must appear or risk the judge issuing a body attachment to have you brought to court and detained until you testify. You may want to consult with a lawyer about your options or whether you have other legal grounds to get out of testifying.

Thomas J. Maronick Jr
Thomas J. Maronick Jr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: Who subpoena’d you? The State’s Attorney’s Office or defense. Tell State’s Attorney’s Office if it is them that you don’t wish to testify.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: You have no choice in the matter. You can certainly make your wishes clear to the party that subpoenaed you, likely the State, but you must attend. If your fear is that your testimony might incriminate you, you may have the option of pleading the Fifth Amendment privilege, but that does not exclude your attendance.

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