Summons to Appear as Witness

[Joanna93]

What is the name of your state?What is the name of your state? Maryland

I work for state government, my almost ex-husband took my corporate visa card from my wallet and fraudulently charged $7,000 on it. With my cooperation he was caught and is currently is jail awaiting trial. Yesterday I received a summons to appear at his trial next week as a witness against him.
I really do not want to see him or have anything to do with him. They have plenty of evidence against him without me. Is there anyway I can get out of testifying?

 

[JETX]

Is there anyway I can get out of testifying?

Nope. You are the ONLY person who can testify as to the facts of the case (where your wallet was, did he have your permission, etc.).
Or you can go to jail for contempt if you don't show up on the time/date ORDERED.

 

[Joanna93]

Witness

I have already given my statement to the investigating officer in the case and he knows all of this information and the details. Couldn't I just sign a sworn statement? Isn't there a law that says a spouse does not have to testify against the other spouse?

Thank you for your advice.

 

[JETX]

I have already given my statement to the investigating officer in the case and he knows all of this information and the details.

His 'knowledge' is NOT first-hand.

Couldn't I just sign a sworn statement?

Nope. A 'statement' can't be cross-examined.
The Sixth Amendment of the US Constitution says:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Isn't there a law that says a spouse does not have to testify against the other spouse?

You can certainly try to claim your spousal privilege..... and see what the prosecutor says.
One thing to consider though.... if the court finds your 'almost ex husband' innocent of the charge or the charges are dropped... YOU will be liable for repayment of the $7,000 debt as your 'fraud/theft' complaint with the credit card company will also be 'tossed' with the courts finding.

 

[Joanna93]

Witness

Thank you for your reply. Well then, I guess it would be it my best interest to testify. But I don't have to like it! LOL

 

[JETX]

Thank you for your reply. Well then, I guess it would be it my best interest to testify. But I don't have to like it! LOL

I kind of figured that last part would get your attention.
Just remember while you are testifying.... you are going to walk out of the court WITHOUT extra bracelets. Hopefully, he won't!!