Question:

If you are married and your spouse goes to court?????

by  |  earlier

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If you are married and your spouse has to go to court for a crime they commited before you got married do you have to testify against them?

they were dating at the time of the crime.

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2 ANSWERS


  1. The marital confidences privilege is a form of privileged communication protecting the contents of confidential communications between husband and wife. This privilege applies in civil and criminal cases. When applied, a court may not permit one spouse to testify against the other concerning confidential communications made within and/or during the framework of their spousal relationship (marriage).  

    This privilege does not survive the marriage; that is, after divorce, there is no right to refuse to testify against a defendant ex-spouse.

    So the answer would be - you may be called to testify and you would be required to testify if the crime was committed BEFORE the marriage.   To refuse to do so would be considered contempt of court.  


  2. Ask your attorney.

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