Its a criminal court case involving some stolen cattle. They can't make her testify against her own husband, can they?
2006-10-04 09:44:32 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
"My sister just got a subpoena to testify against her husband in court? It's a criminal court case involving some stolen cattle. They can't make her testify against her own husband, can they?"
The quick answer to your question is "It depends."
The marital communications privilege only protects "communications" (oral, written, or expressive actions) from having to be disclosed-- and only those communications made while the parties are/were married.
If during your sister's engagement (or after a divorce) to the alleged cattle thief he told her he stole the cows, then that communication is not privileged. Additionally, if the wife witnessed some incident or some material act that does not fall within the bounds of a marital communication, then she can be compelled to testify about it.
Of course, you can't get blood from a stone.... It may well be that your sister doesn't recollect the events about which she will be questioned.
Additionally, if your sister has any connection or involvement to the alleged crime or the illegally obtained profits from it, however remote, she can "take the fifth"-- that is, invoke her fifth amendment right not to incriminate herself-- if her answers might tend to implicate her. She can only do this, however, if she is not given some form of immunity from prosecution in exchange for her testimony. (But here she should be careful, since her and her husbands assets could be held jointly and she could lose them if they are taken as gains from an illegal enterprise.)
Your brother-in-law's attorney will likely want to have some input (through his client, of course) on how he'd like to see things go.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
2006-10-04 10:31:40 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
Yes they can. State laws vary, but in many states, the privilege to not testify against a spouse is limited to communications between spouses; not to non-communicative facts. Also, the Defendant can waive the privilege by testifying to conversations with his spouse or by calling her as a defense witness. They may want her there in either of those cases.
2006-10-04 10:19:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Testifying against a spouse? Looks like the kind of stuff she could wriggle out of without risk of Contempt.
For that kind of stuff, consult a lawyer rather than a bunch of amateurs If her hubby is involved in a criminal case, she needs one anyway.
2006-10-04 09:50:10 · answer #3 · answered by Svartalf 6 · 0⤊ 0⤋
If they are still married then no, a wife cannot be forced to testify against her husband in court. get a lawyer.
2006-10-04 09:47:57 · answer #4 · answered by Anonymous · 1⤊ 0⤋
no not at all there just trying to scare her into doing it
2006-10-04 09:48:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋