Help, told we can't refuse to testify!!!!

[LostinLegalMess]

What is the name of your state? Oklahoma

I am needing help. My son and I are both suppeanded(sp?) to testify at my husbands prelim on the 7th. I have been told that we can't invoke the fifth and refuse to testify. The charges are domestic abuse(which it wasn't) and injury to a minor (tap to the nose which son says didn't even hurt). My husband was having a psychotic episode because of his meds for his mental illness.

Why are they saying that we have to testify, and what is the best way to do this so my son doesn't have to. I don't want him to get in trouble for this. For me, I don't care if they find me in contempt, I refuse to testify against my husband.

[seniorjudge]

Originally Posted by LostinLegalMess

What is the name of your state? Oklahoma

I am needing help. My son and I are both suppeanded(sp?) to testify at my husbands prelim on the 7th. I have been told that we can't invoke the fifth and refuse to testify. The charges are domestic abuse(which it wasn't) and injury to a minor (tap to the nose which son says didn't even hurt). My husband was having a psychotic episode because of his meds for his mental illness.

Why are they saying that we have to testify, and what is the best way to do this so my son doesn't have to. I don't want him to get in trouble for this. For me, I don't care if they find me in contempt, I refuse to testify against my husband.

Do you have a legal question?

Who is telling you that you must testify?

(Everything you have been told is correct.)

[LostinLegalMess]

My legal question is how do I keep my son from getting in trouble for not testifying? He is only 15 and does not want to testify at all. I know that I will probably get contempt, but its just a misdomeaner so not worried about it. But my son is only a juvanile. What could they do to him for not testifying? Or how could we legally do it so he doesn't have to?

[seniorjudge]

Q: My legal question is how do I keep my son from getting in trouble for not testifying?

A: Nothing.


Q: What could they do to him for not testifying?

A: Send him to juvie.


Q: Or how could we legally do it so he doesn't have to?

A: You can't.

[Kane]

Originally Posted by LostinLegalMess

What is the name of your state? Oklahoma

Why are they saying that we have to testify, and what is the best way to do this so my son doesn't have to.

When there's a trial in a criminal case, the state (the prosecutor) has the obligation to put on evidence that proves the defendant's guilt.

Usually this means having witnesses (you and your son) testify about what happened. Without witnesses, they may not be able to prove up their case.

Which is why the law allows them to compel witnesses to come to court and testify, whether they want to come or not. In other words, the reason why they're telling you you "have" to come to court, is most likely because you do.

There was a time when a wife could refuse to testify against her husband. However, at least in my state (Texas), this privilege was revoked in family violence cases years ago. I strongly suspect the same is true in OK.

To my knowledge, there has never been a privilege for refusing to testify against one's father. If you've already been subpoenaed, there's nothing, legally, you can do to avoid going to court.

[LostinLegalMess]

We are going to appear in court as we are ordered to do, but we do not want to testify. I know that we definately will get in trouble if we don't go. We have also both filed a prosecution waiver to drop the charges that concern me and my son, but have been told that they will not drop the charges.

For not testifying when ordered to, is it basically just contempt of court for both my son and I? I know that contempt is only a misdemeaner so they couldn't put my son in juvi for that. I guess my main concern is if there is anything else that they could file for us not testifying? The last thing I want is to get into a huge legal mess because of this, but I also don't want my son testifying if he chooses not to.

(The DA is pushing for these charges to go through because the other charges they have, were basically filed to cover up police brutality, which unfortunately is common in this town)

[Curt581]

Originally Posted by LostinLegalMess

The DA is pushing for these charges to go through because the other charges they have

Funny how some small, but significant issue always seems to get left out...

were basically filed to cover up police brutality, which unfortunately is common in this town

So the entire incident is the cops' fault?

The same cops you called to come help you with an out-of-control husband?

[LostinLegalMess]

I am not saying the entire incident is the cops fault. As for you not believing me on the police brutality, my husband was lucky. The other guy that the police decided to beat on around the same time, almost died. They beat him so long and so hard, they caused his kidney's to shut down.

They are basically pushing on charges that should only be misdameners because they don't want the assault charges looked into.

And as for me leaving out information. The police brutality has nothing to do with what happens if me and my son dont testify. And I DID mention that my husband had a psychotic episode in my first post. Before that night, I did not know the history that the police have here of beating on people, otherwise, I would have found something to knock my husband out instead of calling the police. My husband wishes I would have. Things would be much easier now if I had. The police are supposed to be there to help people, not to beat on them.

But the only thing relavent to my post, is trying to find out what could be possibly done for not testifying. All the other is getting taken care of through the ACLU (American Civil Liberties Union). And I will not speak about it again in my postings.

[smutlydog]

Originally Posted by LostinLegalMess

We are going to appear in court as we are ordered to do, but we do not want to testify. I know that we definately will get in trouble if we don't go. We have also both filed a prosecution waiver to drop the charges that concern me and my son, but have been told that they will not drop the charges.

For not testifying when ordered to, is it basically just contempt of court for both my son and I? I know that contempt is only a misdemeaner so they couldn't put my son in juvi for that. I guess my main concern is if there is anything else that they could file for us not testifying? The last thing I want is to get into a huge legal mess because of this, but I also don't want my son testifying if he chooses not to.

(The DA is pushing for these charges to go through because the other charges they have, were basically filed to cover up police brutality, which unfortunately is common in this town)

The DA is pushing for these charges to go through because the other charges they have, were basically filed to cover up police brutality, which unfortunately is common in this town

So it's not OK for the DA to cover up police brutality (which I don't believe) but it’s OK for you to cover up your husband's violent behavior.

Why are they saying that we have to testify

It might be because the DA is concerned about the safety of you and your son.

[garrula lingua]

In my state, if one parent refuses to testify, all the children are removed from the household by Child Protection Services (makes sense, as so many victims decide 's/he loves me, I deserved it ... I provoked s/him, etc)

Maybe your son deserves a better shot at life -such as both parents, healthy and wise and helping him.

Prosecute, if only to get help for Dad's anger management, for son's future.

[LostinLegalMess]

We have already planned on him getting inpatient treatment, whether the courts ordered it or not, and anything else that DHS says that needs to be done. The problem wasn't anger, he went into a psychotic episode because of his medicine. He has never been been violent in his past, and never had an anger problem. He does have a mental illness though, which is why he was put on the medication to begin with. After almost 8 months, we finally have gotten the OK to get him evaluated in jail so he can get back on meds (but definately not what he was on before).

I wouldn't be trying to find the answers to my questions elsewhere if his lawyer would speak with me. (He says he wont because I am one of the victims) I am not wanting to prosecute because I do know that my husbands actions that night, were not normal behavior for him, nor is it something I have to worry about happening again.

As for the person asking if it was ok for us to cover up my husbands actions, we are not covering up his actions. If my husband was abusive, or had anger problems, I wouldn't want to drop any of the charges, but he IS NOT that way. Besides the fact I am not asking for approval for how I am handling things. I came to this forum to ask a simple question. One that hopefully I can have a more definate answer on before we goto court the next time. I can't afford to pay a lawyer just to get the answers to a couple of questions.

[seniorjudge]

I am not wanting to prosecute because I do know that my husbands actions that night, were not normal behavior for him, nor is it something I have to worry about happening again.


Irrelevant and unlikely....

[Kane]

If he's already been in jail 8 months, I'm guessing it's a felony, meaning he either hurt somebody pretty bad, or used or exhibited a deadly weapon.

Like I said, I don't think there's any legal way to avoid testifying. (Maybe the laws are different in OK than they are here, but I doubt it.)

As for what will happen to you or your son if you go to court and refuse to take the stand, I can't tell you that for sure. Contempt (meaning jail) is a possibility. If you're planning to go to court and defy the judge, I think you should definitely get a lawyer ahead of time.

Originally Posted by LostinLegalMess

We have already planned on him getting inpatient treatment, whether the courts ordered it or not, and anything else that DHS says that needs to be done. The problem wasn't anger, he went into a psychotic episode because of his medicine. He has never been been violent in his past, and never had an anger problem. He does have a mental illness though, which is why he was put on the medication to begin with. After almost 8 months, we finally have gotten the OK to get him evaluated in jail so he can get back on meds (but definately not what he was on before).

I wouldn't be trying to find the answers to my questions elsewhere if his lawyer would speak with me. (He says he wont because I am one of the victims) I am not wanting to prosecute because I do know that my husbands actions that night, were not normal behavior for him, nor is it something I have to worry about happening again.

As for the person asking if it was ok for us to cover up my husbands actions, we are not covering up his actions. If my husband was abusive, or had anger problems, I wouldn't want to drop any of the charges, but he IS NOT that way. Besides the fact I am not asking for approval for how I am handling things. I came to this forum to ask a simple question. One that hopefully I can have a more definate answer on before we goto court the next time. I can't afford to pay a lawyer just to get the answers to a couple of questions.

[LostinLegalMess]

As for what will happen to you or your son if you go to court and refuse to take the stand, I can't tell you that for sure. Contempt (meaning jail) is a possibility. If you're planning to go to court and defy the judge, I think you should definitely get a lawyer ahead of time.

Have already stated that we are going and taking the stand, just pleading the fifth. Doesn't matter any more, I know how we are going to do what we need to do, and it is legal.

If he's already been in jail 8 months, I'm guessing it's a felony, meaning he either hurt somebody pretty bad, or used or exhibited a deadly weapon.

Hmm, I suppose someone laying face first in the mud, cuffed at both hands and feet (hands behind back), still half out of it from having an airbag slammed into their face, is a very dangerous person. BTW, there was no weapon, and my husband was supposed to have assaulted the officers after being cuffed. Maybe you can explain how a person can deliver 3 right hooks to a person when they are laying face first in the mud, hands cuffed behind their back. And yes, that is what is reported to have happened.

[stephenk]

you don't understand the term "pleading the 5th".

You and your son are not facing criminal charges. you and your son's testimony will not expose either of you to criminal charges. Therefore, you and your son cannot refuse to testify to what you saw and heard and physically felt.

Describe the "tap" your husband gave to your son's nose. Closed fist?

I am sure you and your son will run to the court to testify about the events when hubby decides to sue for police brutality, right?