How can I avoid being served with a subpoena?
Correct refugio. People always think since you are married you are protected. If you witness your hisband commit a crime – you have to talk. The privledge only covers verbal communication – even though to an extent. If you are covering up a criminal activity, you could be charged as well. As for the subpoena, you do not necessarily have to be served with papers. I mean, if the prosecutor told you or your attorney, your attorney is then obligated as an officer of the court to notify you. I do not know the severity of the case, but you can be held in contempt and a warrant can be issued if you do not show up meaning now instead of the prosecutor ordering you to court, now the judge is. Good Luck…..and get an attorney…..preferably one different than your husbands… ***EDIT – If you are the victim and the complainant, you make the DA’s case tougher. When accused, you are entitled to question your accuser. If your husband or his attorney cannot question you, because you are the accuser
If you avoid service of the subpoena, the court can order a ‘writ of attachment’ where you are detained and held in jail until such time as your testimony is required. It’s easier to take the subpoena and then not cooperate in court with the prosecutor…. remembering that not telling the truth can get you placed in jail for Aggravated Perjury.
