Who testifies against you in court?
A witness is the person that testifies in court.
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Answer . The law states, that a wife Does NOT have to testify against her husband if she does NOT wish too. Call you local Court house to verify, they will tell you the same. I had the same question a few yrs ago myself, lol.
Laws vary from state to state. Generally, the judges decision rules on a case by case basis. To provide trustworthy evidence to courts, the legal system requires that all witnesses who testify in court must be competent. When the witness is a child, the judge or attorneys may question the child …in what is known as a voir dire process. The purpose of this process is to ascertain that the child: . knows the difference between truth and lies; . is prepared to testify truthfully; and . is capable of observing, remembering, and verbally describing events. Once the judge has determined the child's competency, that child may testify regardless of his/her age. ( Full Answer )
Answer . Yes, she can. She can also go to prison for obstruction of justice.
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 prosecuting authority, as in disctrict attorneys and such....Now as a practical matter...when a 'significant' witness is a child an…d 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. ( Full Answer )
The person who testifies against you in court is called a witness.They will tell the court exactly what they know or saw thatpertains to why you are in court.
A spouse may not be forced to testify against their spouse in criminal proceedings. In divorce court, however, spouses typically tear each other to shreds, which can cause lasting psychological damage. That's why most divorces are now "no-fault" procedures, except in cases where large amounts of m…oney and property are being contested. ( Full Answer )
There is no record that Elvis testified against any mafia. However,the group of people that hung around Elvis were known as the"Memphis Mafia."
If you testify against, you argue against them.. If you testify for then, you agree with them and support them
it is not possible for a witness to get out of testifying in court.If you have received a statement to show for court, you must showup.
There is NO amendment that says you CANNOT testify against yourself. There is an amendment that says that you cannot be FORCED to testify against yourself. A BIG difference! The 5th Amendment to the US Constitution protects you against self incrimination unless you WILLINGLY waive that right.
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 otherwiseinfamous crime, unless on a presentment or indictment of a GrandJury, except in cases arising in the land or naval forc…es, 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." ( Full Answer )
Self-incrimination can be voluntary or coerced. It may occur prior to trial, or on the stand. If the defendant is called to testify on his behalf, he may choose to admit guilt. In this manner, the accused could testify against himself. Although not generally recommended, one positive potential outco…me could be leniency in sentencing, by the presiding judge (insofar as may or may not be allowed by law). ( Full Answer )
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to ans…wer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations. ( Full Answer )
The dad discovered a connection between organized crime and govt. officials, he testified before congress, was threatened and had his son and his wife renamed and relocated, along with himself
If you are subpoena'd to court you MUST obey the subpoena and go to court. Whether or not you wish to testify is another entirely different matter that can be addressed once you get there and make your decision.
If a juvenile is subpoeanaed to court to testify as a witness they MUST do so, just like everyone else.
They swear to tell the truth and only the truth. In the Islamiccourts Muslims prefer to swear on the Qur'an because they are awarethat there is no greater a judge than Allah Almighty Himself Who isforever watching over us and we are solely and entirely answerableto Him.
In most states, the spouse. There are also certain professional or social relationships that are regarded as privileged... for example, attorney-client, doctor-patient, or priest-parishoner communications may be exempt from subpoena. Note that this does not mean that the person in question cannot… testify against the defendant, it means they can't be forced to testify against the defendant. A spouse can choose to testify. The professional cases usually can't, but what they cannot testify about is limited. If the doctor saw the defendant standing over the murder victim with a bloody knife in his hand, for example, that's not a privileged communication and the fact that he happens to be the defendant's doctor is irrelevant. ( Full Answer )
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.
Yes, the marital exemption no longer applies. However, if it would tend to incriminate YOU, you may refuse to testify under the 5th Amendment (self incrimination clause) of the Constitution.
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.
There are differences between using the words can, do, don't,prevent, prohibit, etc. A person CAN testify him / her- self. The State (the police; the prosecutor; the Judge; the Jury) CANNOTexpect or force a person to testify against him / her- self. It is called self-incrimination to testify again…st yourself.Testify here means "speak" (to police), not only speaking in court. Many people talk too much. They incriminate themselves. The 5th Amendment protects citizens from being FORCED to givetestimony against themselves. Many people do not know the 5th Amendment. They are ignorant ofthis law. Some people may be uneducated. The Amendment is designedto protect EVERYONE, whether uneducated or very smart. However, the 5th Amendment does not mean YOU CANNOT testify againstyourself. It is unwise to do, but you CAN if you WANT. You shouldask your attorney FIRST. Reasons a person might decide to "give testimony" despitethe 5th Amendment: . You know 110% you did nothing wrong. . You believe you acted in self-defense. . You believe your reasons for the crime fit a lesser charge thanthe highest charge. . You should ALWAYS ask an attorney, FIRST. People DO get themselves in trouble by talking! . They do not KNOW the laws. Example: Accomplices to acrime. . There are laws that attempt to catch every person who isinvolved in a wrongful act.... Example: You were just riding in acar, but a gun was under your seat; doesn't matter if you say youdid not know it was there. . Some States have strict laws, example, Domestic Violence; youcan be jailed if you just push your partner. Because some people are uneducated and because many people do notknow all the laws, and because State laws differ, lawyers preferpeople do not talk (testify) until they consult an attorney.Self-incrimination has no "out". You did what you said you did,even if you did not say it perfectly well the first time, or evenif you should have explained better what you meant. ( Full Answer )
Report it to your local police and try and get some proof of how and who is doing it.
Anyone who it has been determined has relevant information to offer to either the prosecution or the defense. .
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, It is vital that the court gets the correct information to solve the case otherwise the outcome could be wrong. Even if it means testifying against someone you love. If the Relative is your spouse you do not have to testify against them, In the law of the United States, the spousal privil…ege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege . The marital confidences privilege (or marital communications privilege ) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage. The spousal testimonial privilege (or spousal immunity ) can be used to prevent any party in a criminal case from calling the defendant's spouse to testify against the defendant about any topic. In federal court as a matter of common law, this privilege attaches to the witness spouse; that is, the defendant's spouse can refuse to testify against the defendant, but the defendant may not prevent his or her spouse from testifying against the defendant. This privilege does not survive the marriage; that is, after divorce, there is no right to refuse to testify against a defendant ex-spouse. Anyone can refuse to testify in court by pleading that by doing so they believe they may incriminate themselves along with the defendant,the 5th amendment of the US Constitution firmly 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. ( Full Answer )
If your case is closed can a social worker testify against you in criminal court if the civil case is closed?
In the US the prosecution may call anyone who can give testimony or expert evidence. This would include a social worker who may have been involved in a civil case.
Concubinage is the relationship between persons who are cohabiting without the benefit of marriage. It is an archaic term. Concubineage was used in ancient Rome (and through the early middle ages) when a man co-habitated with a woman who did not have the social status required for marriage. In Rome,… men didn't marry until they were in their late twenties at which time the concubine and her children would be abandoned when the man's marriage was arranged. There is no apparent connection between concubinage and a person testifying against himself. In the United States we are protected against self incrimination by the Fifth Amendment of the US Constitution. ( Full Answer )
The legal "age of reason or understanding" is generally set at 7 years of age. However it would probably have to be an extraordinary case for a judge to allow someone of a young age to testify. It is not unusual for minors to be excluded from the courtroom, even as spectators, until they are at le…ast a certain age.. . . what age that is usually determined by the individual judge hearing the case. In divorce and/or custody cases the judge will NEVER ask a child to testify either for or against either parent and although some MAY ask if the child about their feelings on the subject, they do not have to and in the end the judge will make the decision regardless of how the child(ren) may feel about it. ( Full Answer )
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 in 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. ( Full Answer )
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 offense resulting in incrustation or fines. On the other hand, Family Court is a Civil Court proceeding. The two of you wouldn't e…ven 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. ( Full Answer )
No, not unless you are subpoeana'd by one side or the other. A person can voluntarily testify without being subpoenaed as long as one party or another calls the person as a witness. Expert witnesses are hired to testify in court; therefore they also testify without being subpoenaed.
You can't be compelled to give evidence that would incriminate you. For instance, if you were asked if you had stolen something, you could refuse to answer if you had. Refusing to answer and lying about it are very different things. You have a right not to admit you stole something, but if you stole… it and said you didn't, you would be committing perjury, which is a felony. ( Full Answer )
You have the right to not divulge anything self incriminating , or that would lead to your own prosecution. Beyond that, the only rights a witness receives are legal protection from job loss (due to missed work, because of the trial), a separate waiting area, away from the person they are testifying… against, and the right to not have to disclose your home or employer address (unless ordered to by the court). ( Full Answer )
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 the question to which he wishes you to respond. The judge is only concerned that the parent that gets primary custody is the pa…rent that can provicde the best environment, support and upbringing for the child(ren) in question. ( Full Answer )
Unless you are married you could be forced to testify. A spouse can not be forced to testify against a husband/wife.
Yes, if subpoenaed to do so, you may testify. HOWEVER, as an admitted lawbreaker your testimony is going to be challenged, AND you are opening yourself up to the deportation process of the immigration and visa laws.
Yes. Anyone can testify in court of any kind if they have knowledge of relevant facts and have some way to communicate to the trier of facts (either the judge or the jury). A minor can testify, so long as they know what it means to tell the truth.
Basically you would be a witness to a criminal action that you committed. Invoking 5th amendment rights would be wise as testifying against yourself would be self incrimination.
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 on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when i…n 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 . ( Full Answer )
a child is required to testify if they are called to court. A jusband and wife do not have to testify against each other, but there is no corresponding legal prohibition against childrem doing so. Most of the time MINOR children are not placed on the stand
Yes, she can. The marital confidences privilege (or marital communications privilege ) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel… one spouse to testify against the other concerning confidential communications made during marriage. The privilege generally applies only where both of the following fact situations are present: (1) a third party was not present during the communication (the presence of a third party would destroy the confidential nature of the communication), and (2) both parties intended that the communication be confidential. The privilege is usually restricted to confidential communications made during marriage and does not include communications made before the marriage or after divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage. Either spouse can invoke this privilege, either refusing to testify against their spouse or preventing their spouse from testifying. Finally, courts may require that the communication relate specifically to the marriage. ADDITIONAL; Short answer - - - if they are divorced they are no longer married - she is no longer a "wife" - and the spousal privilege no longer applies. ( Full Answer )
Anyone, including convicted felons, can be subpoenaed to testify in court and can actually testify in court. Convicted felons often testify in court. By cooperating, they may obtain better treatment or even a reduced sentence. The fact of their conviction, however, may reduce their credibility in th…e eyes of the Judge or jury. ( Full Answer )
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.
Generally speaking anyone can be asked to testify. Though someone can be ruled as medically or mentally unable or incompetent to testify.
Two men and a teenager who were drugged by Jeffrey Dahmer and livedto tell about it. The three, two of whom were minors at the time,were the opening witnesses.
The circumstances under which one would have to testify in court will vary according to the jurisdiction. In the English courts a witness needs to be cross examined, so that if their testimony is key to the case, they can be subpoenaed. This compels them to attend court and testify.
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.
Generally speaking, yes. Depending on the jurisdiction, it may beup to the judge to decide whether they can testify or not.