20 Nov 2023
Criminal Defense
If you’ve been charged with a crime, you may be wondering if your family can be forced to testify against you in court. They are more likely than anyone to know where you were at the time of a crime, making them suitable for establishing an alibi. However, they can also just as easily become evidence against you if they were not with you. This means that it’s not necessarily always a good thing to have family testify during your case. But can they be forced to testify? The short answer is yes, but there are some exceptions and legal protections that may apply.
In general, anyone can be called to be a witness in a trial or other legal proceeding. This includes family members such as parents, siblings, and even spouses. However, certain privileges may prevent or limit certain family members from being forced to testify in some cases.
If you’ve been charged with a crime, and your family may be asked to testify, the criminal defense attorneys at Lermitte & Lubin, LLC can help.
When Are People Forced to Testify in Court?
In Pennsylvania, people can be compelled to testify in court under certain circumstances. This is known as "subpoena power" and gives the court the authority to summon witnesses to give testimony. If a person refuses to testify after a legal summons, they can be held in contempt of court and may face penalties such as fines or even jail time.What is Spousal Testimonial Privilege?
One of the privileges that can allow a spouse to avoid testifying against their partner is the spousal testimonial privilege. This privilege applies to married couples and protects them from being forced to testify against each other in court. This means that if you are married and your spouse is called as a witness, they can choose not to testify and they cannot be compelled to testify against you. The spousal testimonial privilege exists to protect the sanctity of marriage and promote open communication between spouses. It allows couples to share confidential information without fear of it being used against them in court. However, this privilege only applies to current spouses, not ex-spouses. It’s important to understand that spouses do not have to use this privilege. If your spouse agrees to waive their spousal testimonial privilege, they can.What is Marital Communications Privilege?
Another privilege that may apply in some cases is the marital communications privilege. This privilege protects confidential communications made between spouses during their marriage. This means that if you confide in your spouse about a legal matter, they cannot be forced to reveal that information in court. It's important to note that these privileges are not absolute and there are exceptions where a spouse may be required to testify. For example, if the testimony is related to a crime committed against the other spouse or their children, the privilege will not apply.What About Other Family Members?
While spouses are protected by specific privileges, no such protections exist for other family members in Pennsylvania. This means that your parents, siblings, and other relatives can be called as witnesses and forced to testify against you in court. However, there are still legal strategies that can be employed to challenge or limit the testimony of family members. This is where the experienced attorneys at Lermitte & Lubin, LLC can help.Why Would You Not Want Family Members to Testify?
There are several reasons why you might not want family members to testify against you in a criminal court case.- Their testimony could potentially incriminate you or strengthen the prosecution's case.
- Having loved ones involved in such a stressful situation can strain familial relationships, causing emotional distress and potential long-term rifts.
- Many families don't necessarily get along or have a not-so-great history with each other.
- If given the chance, your family may say something that hurts your case, even without meaning to.