Who testifies against you in court?
A witness is the person that testifies in court.
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SURE if it is a criminal matter, in most states, then they can be compelled to testify in court, if a criminal action is brought against a 'mom' or parent, by the local prosec…uting authority, as in disctrict attorneys and such....Now as a practical matter...when a 'significant' witness is a child and his testimony is against a parent, the age of the witness, the testimony of the child, facts, facts, and preferabally lots of horible facts against the parent are available elsewhere. It is helpful to have a seriously damaged physicall and emotionallly, seriouly hurt child who really draws world, not just jury sympathy AND with a lot of expert witnesses in rare agreement well supported by really good investigation and interviews, and impecable credentials. Lord alone knows what other factors are taken into consideration and must be taken into consideration by the prosecuting attorney before even thinking about putting a child on the witness stand to testify against a parent. Now for the practical: to prosecuting attorneys. don't do it unless you got job security, independent wealth and a really impressive case in which plea negotiations simply fell away, and then you really need to think about why the negotiation was not unsucessful. Of course, it's always the prosecuting attorney's call....same as any legal action: the lawyers decide who the witnesses are going to be. Regreatfully, even really great facts, with a a seriously damaged child whose wounds are showing in the courtroom dispite objections and probabale appeal, the testimony of children is not USUALLY a good idea. Children are testimonial mine fields. None the less they are great ways to end a career and work on the other side of the street. The following has simply not been my experience. SOMEONE ELSE SAID: no, they do not have to tesify against a family member BUT they themselves can still be in trouble for hidding information.
opposing party witness
The 5th Amendment to the US Constitution says that you cannot beFORCED to testify against yourself. The 5th Amendment: "No person shall be held to answer for a capital, or oth…erwiseinfamous crime, unless on a presentment or indictment of a GrandJury, except in cases arising in the land or naval forces, or inthe Militia, when in actual service in time of War or publicdanger; nor shall any person be subject for the same offence to betwice put in jeopardy of life or limb; nor shall be compelled inany criminal case to be a witness against himself , nor bedeprived or life, liberty, or property, without due process of law;nor shall private property be taken for public use, without justcompensation."
No, she cannot be forced to do so by legal means, but she may do so voluntarily if she wishes.
You cannot get out of testifying in court just because you don'twant to do it. If you feel unsafe about it, you can talk to thejudge about it.
Because in the beginning of the story Abigail threatens to kill the Mercy and Mary if they tell about anything that happened in the woods.
Report it to your local police and try and get some proof of how and who is doing it.
In some states, married spouses cannot be forced to testify against one another, HOWEVER - they are not forbidden from doing so if they voluntarily wish to do so.
Yes. They will treat you as a "hostile witness" and continue with the questioning. You cannot get out of it because you dont want to testify. Anyone can refuse to testify i…n court by pleading that by doing so they believe they may incriminate themselves along with the defendant. The 5th amendment of the US Constitution states that you have the right not to incriminate yourself. This is what it means when people say they "plead the fifth". If your testimony would not be incriminating to you and you just don't want to testify against a family member you can refuse to do so in any court in the US. However by refusing to give testimony to the court the judge may charge you with contempt of court and you could be fined and/or jailed. This rarely happens if the proceedings are of a civil nature,such as smail claims court or other civil court proceedings and even trafic court. It mostly occurs in criminal court proceedings, and Family court proceedings dealing with divorce or child custody.
Family Court is a whole different venue from Criminal Court. In Criminal Court your testimony, if allowed, COULD possibly lead to conviction of your spouse of a criminal offen…se resulting in incrustation or fines. On the other hand, Family Court is a Civil Court proceeding. The two of you wouldn't even be there if one, or the other, of you hadn't begun some kind of action against the other. Divorce - separation - restraining order - child support - etc. When appearing in Family Court it is up to YOU as to whether you choose to testify or not. Just remember, your refusal to do so could materially affect the outcome of the case against YOUR favor.
Can a kid testify against their mom in court in a custody battle and what are good ways to testify for that?
In a custody hearing, witnesses don't testify "against" anybody. It may depend on the child's age as to whether the judge will even hear their input or not, and HE will ask th…e question to which he wishes you to respond. The judge is only concerned that the parent that gets primary custody is the parent that can provicde the best environment, support and upbringing for the child(ren) in question.
The Fifth Amendment prevents the courts from forcing a person totestify against himself.
In Property Law
Yes, so the other person can defend themselves through their lawyer
Not In the United States of America. Its in the fifth amendement of the constitution . No person shall be held to answer for a capital, or otherwise infamous crime, unless o…n a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation .
Yes. Citizenship is not a pre-qualification to testify in court.
In Citizenship and Marriage
NO. If they are in the U.S. illegally, they should be arrested and detained when entering court building, and compensating them for services is a federal felony under Title 8 …USC.
In order to get a more accurate answer, one would have to contact a lawyer for more information. According to some research on the internet, it is against the law for spouses …to testify against each other but this question does not say who she is testifying against.