Should I get an attorney?

[blackraven07]

What is the name of your state? Texas
My husband was arrested for agrivated sexual assualt in 2007. A year has passed and now they are taking the case to trial. He was given two weeks notice that the court date was set and his defense attorney has not prepared a defense; however, his attorney also told him it was dropped from a Class A to Class B felony.
Either way we have been seperated since Jan 01, 2007. In the year and a half since they came about not once did the defense or the DA call on me for testimony. Now in the last week they are yelling at me over the phone wanting to know when I can come in and talk to them. I have two small children to care for and very little time. Now the DA has lied and says that I refused to talk to him because I stated I can not come in for an appointment two days before trial. My schedule is full during the one time slot he has made time for me.... Do I need my own defense?

 

[Ohiogal]

Did they subpoena you? WHo is the alleged victim?

 

[blackraven07]

The alleged victim is a female unknown to me or him. She is legally blind and was waiting for a bus when he pulled over to give her a ride 2 miles down to a grocery store.
I knew the defense was going to subpeona me; however, the DA was the one that served me with one.
None of my testimony about that day is helpful to the DA, especially given that the very next day, the victim told me and her mother what happened and she stated that she was not a rape victim. Let me add, she could not pick him out of a line up nor did the DNA taken from samples on her match his.
The only other testimony that I feel the DA may want from me does not pertain to the case at all. It was a case that he was ruled out of because eye witnesses, another more viable suspect, and incorrect information.
I am just wondering if I need an attorney to protect my rights while be questioned, as of now the DA has become very aggressive towards me.

 

[mommyof4]

It was a case that he was ruled out of because eye witnesses, another more viable suspect, and incorrect information.

It doesn't strike you as alarming that your husband has been accused of a serious crime two different times?

Was the other crime a sexual assault (of any type), as well?

 

[blackraven07]

The other crime was an evading arrest charge for a warrant he had out of another state, which was neither a sexual or an assualt crime.

 

[CavemanLawyer]

If you can't think of any crime that you've committed than I can't see why you'd need an attorney. If you are a witness to the case in any way than an attorney can't really do anything for you anyway. If you are subpoenaed and you live in that State, than you have to appear. Now whether you have to testify is another matter. You are separated but are you still legally married? If so than you cannot be compelled to testify against him unless you are the victim or the victim is a child (and other factors are present as well.) You may want to talk to your husband's attorney about asserting the spousal privilege.

Now this above advice applies in Texas for sure, and may or may not apply in another state. You say your home state is Texas but is that where this trial is taking place? Because you say that the charges were dropped from a class A felony to a class B felony, and Texas has no such punishment levels. Do you mean it was dropped from a 1st degree felony to a 2nd degree felony? Or is he being charged by another state?

 

[blackraven07]

So I did not put that in correctly but it was first degree and now it is a second degree. The trial is in the state of Texas.
I spoke with attorney about spousal privilege but he said he would not tell me either way to do it or not to do it and that is was up to me. So it did not really help to ask him. I do know that I have testimony that will help the defense but I do not have testimony that will help the state of Texas make its case.
That is why I am confused, being that the state sent me a subpoena and not the defense. I have never spoken with the DA in the case, and since I have never given a statement to the police, the DA has no idea what my statement is.