Hyattsville, MD asked in Domestic Violence for Maryland

Q: I’m subpoena to court as a witness for domestic violence case I don’t want to testify

How can I get out of it I’m the victim

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the privilege. You can ony assert the privilege one time in a case involving the same spouse. You will be asked to confirm that you have not been threatened by anyone in order to get you to assert the privilege, and that you are doing so of your own voluntary free act. Then you will be released from the subpoena. If you are not married to the defendant, then you cannot legally ignore th subpoena or lie under oath. You can tell the prosecutor that you do not wish to appear or testify, but it is not up to you to decide whether you will or will not appear. If you ignore a properly served subpoena, the prosecutor could request that the judge issue a body attachment and have the Sheriff come and take you into custody and bring you to the court. That is actually not too common of an occurrence, and in many cases when the victim fails to appear, the prosecutor simply drops the case against the defendant. However, that result cannot be predicted with certainty, and you risk a body attachment if you do not go. If there were weapons involved in the assault or injuries that required hospitalization, the chances are greater that a body attachment will issue because the prosecutor will not want to drop such serious charges against a dangerous violent defendant.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.