can a district attorney make a case?
Tuesday, December 18th, 2007 at
10:00 pm
Beckie P asked:
Okay, I asked a question awhile ago about my brother in law who was in a wreck while dwi. The district attorney has contacted my sister in law who he hit to see if she would help him convict my brother in law, but she has refused. She said that convicting him wont bring her leg back and he has kids who need him at home. So without her witnessing for him is there a case? He actually blew under the legal limit, but don’t know what his blood tests showed. I agree he needs some sort of punishment but not prison. I just wondered if the DA can make my sister in law testify as a hostile witness, or if he would have much of a case without her testimony. Thanks.
adding, they are not married. she is married to his brother.
Okay, I asked a question awhile ago about my brother in law who was in a wreck while dwi. The district attorney has contacted my sister in law who he hit to see if she would help him convict my brother in law, but she has refused. She said that convicting him wont bring her leg back and he has kids who need him at home. So without her witnessing for him is there a case? He actually blew under the legal limit, but don’t know what his blood tests showed. I agree he needs some sort of punishment but not prison. I just wondered if the DA can make my sister in law testify as a hostile witness, or if he would have much of a case without her testimony. Thanks.
adding, they are not married. she is married to his brother.
Yes, he can force her to testify.
Depending on the blood tests, he has a case without her help.
Edit:
Good catch Diamonds! I saw brother in law and sister in law, but never put them together as husband and wife.
If, indeed, they are married, then Diamonds is correct. A spouse cannot be forced to testify.
but, it would be difficult she should talk to the DA about forced counseling
By law, the DA cannot make your sister-in-law testify against her husband. That’s one thing about being married; you can’t make the spouse testify against the husband.