if the court sends you something in the mail saying they want you to testify against someone you are now married to do you still have to testify? Cuz y would you testify against someone that you are married to.
2006-11-18 10:11:57 · 5 answers · asked by beautifully.chaotic1987 2 in Politics & Government ➔ Law & Ethics
its for a drive-off that got charges dropped but state isnt dropping them or credit card fraud
2006-11-18 10:24:05 · update #1
so if i was there while the crime was or was not commited or if i was a witness i will have to testify?
2006-11-18 15:51:18 · update #2
If you were subpoenaed, you risk being held in contempt if you fail to appear. If you are being asked to testify about conversations between you and your spouse, that information may be confidential under the spousal privilege. If your spouse is the plaintiff or defendant, you may want to ask his/her lawyer about the subpoena.
2006-11-18 10:21:30 · answer #1 · answered by arcee 3 · 0⤊ 0⤋
The law says that you cannot testify about things a spouse has told you, but you are not protected from things you have actually witnessed.
The spousal bond is much like the priest/penitent bond. It is designed to protect the sanctity of the marital communication. However, it does not extend to allowing one spouse to witness a crime by the other, as that is not communication (which is the intent of the protection).
ADDING: I see you added something to your question - the answer is yes - if you witnessed your spouse do something that is illegal, you can be compelled to testify about what you witnessed. You cannot be compelled to testify about what your spouse told you about the incident. If you refuse to testify, you will be held in contempt of court and you can and likely will be thrown in jail. Seriously. Good luck.
2006-11-18 18:29:27 · answer #2 · answered by tagi_65 5 · 0⤊ 0⤋
Law says you can not testify against your husband or wife except in certain cases. So what is the case about that you are being asked to testify for.
2006-11-18 18:18:31 · answer #3 · answered by trollwzrd 3 · 0⤊ 0⤋
The Marital Privilege is generally a privilege that relates to those conversations between married people that are made when no one else is present. It relates only to what is spoken, and is a privilege that can be asserted by either spouse. It does not prevent a spouse from being called to testify to what he / she has observed.
2006-11-18 18:35:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No. The law is clear you can't be forced to testify against your husband.
2006-11-18 18:21:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋