I have been subpoenaed to court do I have to testify?
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I have been subpoenaed to court do I have to testify?
My ex boyfriend of eleven years is going to trial for kidnapping for ransom. One if the victims is my aunt’s husband. This happened early this year. We have been apart for almost two years now. I we do have an 11year old child together. The DA has lots of evidence against him. I don’t want to be a character witness against my child’s father. I have moved on with my life and don’t wish to be involved. My child is heart broken enough that his father made a huge mistake and is in jail and will do time. I feel that me testifying against him will cause my son more heartache.
Asked on July 25, 2012 under Criminal Law, Georgia
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
Most states have a marital privilege that prevents a married couple from testifying against one another in a criminal matter, however because you are not married to your ex-boyfriend, and you were subpoenaed, you will more than likely have to testify. If you are hesitant to testify or choose not to, you need to communicate this to the prosecutor prior to trial so they can make the determination as to whether or not they will need your testimony or not.
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