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A wife's legal rights when called as a witness in a case against her husband.

Asked over 2 years ago - Portland, OR

The husband is accused of child rape. The wife has been served a subpoena as a witness in the case. They are both undocumented immigrants. She has access to an immigration attorney, but I am trying to find out if there are free legal clinics where she could talk (in Spanish) to a criminal attorney about her rights and responsibilities.

The wife has not been accused of any wrongdoing to date (in regard to the case against her husband). I assume she therefore does not have the right to a p.d.

Is she obligated to testify since it's her husband being tried? I don't know if he has entered a plea yet.

Thank you for any advice or recommnedations about further resources.

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Attorney answers (1)

Howard Woodley Bailey

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Newark, NJ.

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I suggest that a direct consultation with a criminal defense lawyer admitted to practice law in Oregon is the best choice, as she can clearly explain the circumstances of her knowledge and her own potential exposure under the cloak of the attorney-client privilege. As a second choice, check out https://www.oregonlaws.org/ors/40.255.html

Good luck.

DISCLAIMER
This response does not constitute legal advice. Given the nature of this website, it does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.

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