I am being served a subpoena in a federal criminal case against my partner. What are my rights?
Seattle, WA
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Posted 9 months ago in Federal Crime
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We are not married, but was wondering if "common law" could be used to not testify. Do I have the right to be represented or provided a lawyer, prior to attending court since I am basically being forced in to going. What are my rights with regards to taking my 5th amendent rights on stand.
I really have no answers and will be going to court in 1 week. - Is this your question? Add additional information Answers (3)Bradley Lamar Henry
This attorney is licensed in Tennessee.
Posted 9 months ago.
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You should consult your own attorney immediately. Spousal privilege is recognized in some states as common law but since you are not married that probably will not apply. The 5th amendment usually applies only to statements made that may tend to incriminate you or to implicate you in some way in a crime. If you appear and choose not to answer questions the court can compel you to answer and if you refuse, find you in contempt of court, jail you and hold you until you testify. There are ways to file Motions to Quash a Subpoena prior to appearing. Again the best way to get your answer is seek the help of a federal criminal lawyer in your area.
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This attorney is licensed in New Jersey.
Posted 8 months ago.
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I concur with Mr. Henry. You need to consult an experienced criminal defense lawyer admitted to practice in WA as soon as possible, regarding whether WA recognizes common law marriage as being the equivalent of a civil union; and, if so, under what circumstances you can move to quash the subpoena. Respectfully, this should not be the same atty used by your partner. The 5th Amendment right does apply to criminal cases, but in order to invoke it, you need to be able to assert a cognizable claim that by being forced to testify you will be inculpating yourself. Again, you need to talk to an experienced criminal defense lawyer ASAP.
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This attorney is licensed in California.
Posted 8 months ago.
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You need to consult with a criminal defense attorney that practices in federal court. Good luck!
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