View Full Version : can they make me testify if we are married???


shawnswife
11-10-2004, 01:22 PM
I was just wondering if my friend married her boyfriend can they still make her testify against him??

MurphyGirl
11-10-2004, 01:43 PM
No way!

whiskeylullabye
11-10-2004, 01:49 PM
No way!
can't they supeana you?

sweetestsin7
11-10-2004, 01:50 PM
I was just wondering if my friend married her boyfriend can they still make her testify against him??
I hate to tell you this, but they can. It doesn't matter if they're married or not, they can make her testify. I'm sorry.

whiskeylullabye
11-10-2004, 01:51 PM
I hate to tell you this, but they can. It doesn't matter if they're married or not, they can make her testify. I'm sorry.
i thought about it, and isn't there that law that what you're told in the secret of a marriage is not information that you have to tell in court... i'm not making this up, i swear.

sweetestsin7
11-10-2004, 01:53 PM
Ya, you're right, I totally forgot about that! Haha, my bad.

whiskeylullabye
11-10-2004, 01:57 PM
Ya, you're right, I totally forgot about that! Haha, my bad.
what would you do without me?! :D

shawnswife
11-10-2004, 01:59 PM
My friend is here in Iowa and her man is in California. She is about 5 mos pregnant and they are wanting to get married. she got a call today being told that they are going to subpoena her to testify. But by the time this occurs, she will be 8 and a half months pregnant.
I thought that they cant make you testify against your spouse. I know that is the case in Iowa but not sure in Cali.
also does anyone know about getting married in California while locked up?? any help that you can give her would be appreciated.

MiaBellaAngela
11-10-2004, 04:25 PM
You cannot testify against your husband. If you are supenea'd to do so the husband's attorney objects due to her being the wife. Yes there is a law about this. I am Not sure if it varied from state to state though. When all else fails she can plead to exercise her 5th ammend. rights.

ciao bella.

thiscrazylove
11-10-2004, 04:51 PM
This might help:
Rule 502. Husband-wife.



(a) Criminal proceedings. In a criminal proceeding, a wife shall not be compelled to testify against her husband, nor a husband against his wife.


(b) Communications.


(1) Definition. A communication is confidential if it is made privately by any person to his or her spouse and is not intended for disclosure to any other person.


(2) General rule of privilege. An individual has a privilege during the person's life to refuse to testify or to prevent his or her spouse or former spouse from testifying as to any confidential communication made by the individual to the spouse during their marriage and to prevent another from disclosing any such confidential communication.


(3) Who may claim the privilege. The privilege may be claimed by the person who made the confidential communication, or by the person's guardian or conservator. The non-communicating spouse to whom the confidential communication was made is presumed to be authorized, during the life of the communicating spouse, to claim the privilege on behalf of the person who made the confidential communication.


(4) Exceptions. No privilege exists under subparagraph (b) of this rule:


(A) Spouses as adverse parties. In any civil proceeding in which the spouses are adverse parties;


(B) Furtherance of crime or tort. As to any communication which was made, in whole or in part, to enable or aid anyone


(i) to commit,


(ii) to plan to commit, or


(iii) to conceal a crime or a tort;


(C) Spouse charged with crime or tort. In a proceeding in which one spouse is charged with a crime or a tort against the person or property of


(i) the other,


(ii) a child of either,


(iii) a person residing in the household of either, or
(iv) a third person if the crime or tort is committed in the course of committing a crime or tort against any of the persons previously named;
(D) Interests of minor child. The court may refuse to allow invocation of the privilege in any other proceeding if the interests of a minor child of either spouse may be adversely affected.

JustTami
11-10-2004, 05:12 PM
In Washington they can not ask you to testify if you are married.

ellipanitz
11-10-2004, 05:29 PM
In Florida at least, they can make you testify against your spouse, but what they can question you about is limited. They cannot ask you questions about private conversations between you and your spouse. What they can ask you about is things that you have seen, heard, or conversations that have been witnessed by a third party. This can be a conversation where another person is part of the discussion or it can be a conversation between you or your spouse that can be overheard such as a public place. I know this because I was compelled to testify against my husband in his murder trial. Your friend's position is even more precarious because she is not married to her man yet. There is no privilege between lovers. Any conversations she has had with her boyfriend are fair game for the prosecution even if she maries now. The protection provided to spouses only goes into effect after marriage. I believe that this is true for most if not all states. So if your friend marries her boyfriend any private converations they have after the marriage are protected by spousal privilage but nothing before. Also an important side note. Any phone converations between your friend and her boyfriend while he's behind bars awaiting trial may, and can be taped and used against him. There is no expectaion of privacy when he is behind bars. The prosecution admitted at my husband's trial that they were routinely taping our phone calls in hopes of gaining incriminating evidence. They didn't find any of course because there was none to find. But just be aware that jails do tape converations. Always assume that you are being taped and never say anything that you would not say in a three party converation. I hope this helps.

mach1
11-10-2004, 05:35 PM
Spousal priviledge should prevail, but more often then not ... It's thrown out the window by an over zealous prosecution, etc ... Get a really good attorney and do some serious research ... I agree with elli above ... ANYTHING that can be heard by anyone other then husband and wife complety trashes the santity of such a privilege ... Hope this helps ...

RegisSweetness
11-10-2004, 10:03 PM
i dont think wives are asked to testify against their husbands. i say this cuz i know a guy that married his ex wife only so she wouldnt testify against him during the trial.....

Psycho1
11-11-2004, 10:06 AM
A spouse can not be made to testify against their spouse, unless you were not married during the alleged crime. The 5th and 15th ad. does not protect you from testifing against a spouse, it only protects you from incriminating yourself.