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If your husband has been arrested for domestic violence you do have certain rights and responsbilities.  And you should seek legal advice to explain your legal rights and responsibilities.  This area of the law can be very complex and difficult to naviagate.  Nothing in this article is construed to be legal advice as to specific legal issues which should be discussed right away with an experienced Attorney.

If your husband has been arrested you can call us we have helped many women through this difficult and complex time in there lives when they need competent and complex help with the legal system. 

DO I HAVE THE RIGHT TO AN ATTORNEY?

Yes you do everyone who has a legal problem should consult an Attorney especially in this difficult and complex are of a the law. 

DO I HAVE TO ATTEND A COURT DATE IF I HAVE BEEN SUBPOENAD?

YES.  noboby in this country has the right to disregard orders of the court if you have been subpoenad rather than ignore the sub and end up in jail you should immediately contact an Attorney and get a case evaluation as to your rights.

DO I HAVE TO TESTIFY AGAINST MY HUSBAND

YES.  If you made a statement to law enforcement you cannot simply  say I take it all back and now wish this goes away.  Many women mistakenly think that they or other private citzens are the ones that decide to "press charges" this is a figment of television.  The District Attorneys office and the District Attorney office alone will make this decision.  However, many district attorney's offices will take into consideration wether or not you will be cooperative in making the decision of whether or not to proceed.  They will always take into consideration whether or not there is other evidence such as 911 call independent witnesses a taped confession, picutures.  It is not true that if the victim does not testify the case will be dismissed.  This is true only if there is not enough independent evidence to get a conviction, again this is 911 calls, witnesses, there could even be prior instances that may come into play at a trial. 

WHAT IF I REFUSE TO TESTIFY CAN I GO TO JAIL

NO. there is both statutes and and case law that protect you if you  absolutely refuse to testify against your husband.  You can be held in contempt of court and that will go on your record, but you will not be put in jail.  Some Judges give you an oppurtunity to get the contempt charge off your record in certain circumstances.

Also you could be fined for the contempt. charge

WHAT IF I HAVE A 5TH AMENDMENT RIGHT NOT TO TESTIFY?

You will be excused from testifyiing if you have what the Judge considered a legitimate 5th amendment right agains self incimination.

 

again give us a call if you have any questions 559-441-1418

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
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Fresno, CA 93704
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