I want to refuse testimony not lie.
2006-09-06 21:47:36 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Colorado
Fort Collins Municipal Court
2006-09-06 22:01:53 · update #1
Marital Communications Privilege
The privilege of marital communications has evolved from the same basic notions that underlie the privilege of adverse spousal testimony. This privilege is related more directly to other privileges such as attorney-client, priest-penitent, and doctor-patient, in that the testimony of the witness is not barred, but rather, communications that were intended to be private are considered privileged. However, the marital communications privilege, unlike the spousal testimonial privilege, survives death and divorce. (10) The courts have ruled that private communications made during marriage are presumed to be confidential. (11) This is a rebuttable presumption; however, the burden of which rests with the government. (12)
(10) Pereira v. United States, 347 U.S. 1, 6, 74 S. Ct. 358, 361 (1954).
(11) Wolfe v. United States, 291 U.S. 7, 14, 54 S. Ct. 279, 280 (1934).
(12) Haddad v. Lockheed Cal. Corp., 720 F.2d 1454, 1456 (9th Cir. 1983).
I have included a link below specific to Colorado
Section 13-90-107(1), C.R.S. 2005, which sets forth the marital communications privilege
Good Luck
2006-09-06 21:52:59 · answer #1 · answered by AnswerNinja 3 · 0⤊ 0⤋
Generally, the spousal testimonial privilege is personal to the testifying spouse and the privilege must be asserted by the testifying spouse, otherwise it is waived. In other words, you can testify if you want, but you cannot be forced to testify.
2006-09-07 04:44:50 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
A spouse cannot be compelled to testify against the other spouse.
I don't know if that applies to traffic court.
2006-09-06 21:56:02 · answer #3 · answered by abcdefghijklmnopqrstuvwxyz 6 · 0⤊ 0⤋
nope because this can fall under the 5th admendment. If she gets in trouble its not her that has to pay the bill but its both and it hurts you both. You do not have to testify at all.
2006-09-06 23:33:42 · answer #4 · answered by KrazyK784 4 · 0⤊ 0⤋
you can plead the 5th or something like that
you also dont have to show up for court they tell you you have to but they wont ever make you unless it was something that involved a death
and if you have to take the stand just say you dont remember what happend exactly its all foggy or something.
2006-09-06 21:51:05 · answer #5 · answered by knowitall 3 · 0⤊ 0⤋
Who you going home with, the judge , or you spouse?
2006-09-07 00:20:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Consult with your lawyer.
2006-09-06 21:50:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no.
2006-09-06 21:52:46 · answer #8 · answered by nellie 3 · 0⤊ 0⤋