If a subpoena was mailed in the State of Ohio, am I obligated to go?
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If a subpoena was mailed in the State of Ohio, am I obligated to go?
The case is a DV case and I have already told the prosecutor that I would not
testify against my husband. She sent a subpoena out and they left it in my
mailbox. He went to court and they asked for a continuance. Now the subpoena came
in the mail,but not certified. I gave them an affidavit of non-prosecution
Asked on February 3, 2018 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, you must go to court. You can assert a right to not testify against your husband if you choose (called "spousal competency" in your state)--that is, you may legally refuse to testify. But you must do this in court, in response to the prosecutor's questions: you can't refuse to show up. You can and should warn them in advance that you don't want to testify, as you have, but if they insist bringing you to court, you must go and in court, on the stand, state that you refuse to testify against your spouse.
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