If I got into some trouble and they are trying to make my 13 year old daughter testify against me, do I have to let her?

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If I got into some trouble and they are trying to make my 13 year old daughter testify against me, do I have to let her?

Asked on January 16, 2013 under Criminal Law, Tennessee

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 

If your daughter is a fact witness to an offense, then she can be called as a witness to any trial-- including one against you. The rules of evidence have ways that a person can invoke certain privileges-- like "husband-wife" and "doctor-patient." However, there is not an exception for an adult with their child. Even where there are privileges, the exception to the invocation of the privilege is in criminal cases.

 

You mention that they are "try to make" her testify against you-- which somewhat implies that she may not know anything. If she doesn't know anything about the facts that have lead to your charges, then her testimony could be excluded as irrelevant because she would not be a person with knowledge of relevant facts or details.

 


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