Can an affidavit of non-prosecution keep me from testifying against my husband? 2 Answers as of December 15, 2010

My husband has been charged with 4 felonies - among which include domestic violence, felonious restraint, burglary and assault also involving another victim which I did not bear witness to. I have maintained throughout the proceedings thus far I have not been hurt or felt threatened by my husband. Despite this the prosecuting attorney's office has me down as a witness and claims they will subpoena me when the time comes. In that event I will refuse to testify and likely get contempt of court as a result. Is signing an affidavit of non-prosecution applicable in this circumstance and if so - where/how do I go about signing one?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You can still be subpoenaed. If you take the stand, you are still under oath. If you lie (and they can prove it) you could be charged with perjury.

However, if this man is truly your husband (common law doesn't count in Missouri) then HE probably has the right to prevent you from testifying based on one of the two spousal privileges (the marital harmony privilege - only applies if you are still together though). You should have his attorney look into this.
Answer Applies to: Missouri
Replied: 12/15/2010
Avioli Law, P.C.
Avioli Law, P.C. | Michael Avioli
The prosecutor has exclusive rights to decide who is charged and prosecuted. Please call my office to make sure you are advised of your rights.
Answer Applies to: Missouri
Replied: 12/12/2010
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