Legal Question in Criminal Law in California

Can you go to jail for what your spouse has done?

My friend's husband owes a lot of people money they filed Chapter 7. She never questioned her husbands business deals. Her husband put a business, house, cars, & credit cards in her name. He took money from people under false pretenses without her knowledge (he owes over 2 mill. that's listed on the bankruptcies-there are more he owes that weren't listed). The bankruptcy would not be issued until they could produce a paper trail for the money. She is being threatened of bankruptcy fraud (not to mention violent threats against her and her children), IRS fraud, and she has been told that she will go to jail. She has 2 babies ages 3 & 4. What can my friend do to keep herself out of jail for her babies. She's a victim of a standing by her man. I think she needs an attorney of her own & separate herself from her husband so she can be properly defended on the grounds that she had no knowledge of his shady deals. But she she cannot afford an attorney. Can she get the courst to appoint her an attorney? Can you please give us advice on how to keep her with her children. Thank you so much.


Asked on 7/23/99, 1:26 am

1 Answer from Attorneys
Eric Chase The Chase Law Group

Re: Can you go to jail for what your spouse has done?

The short answer is, no. A person can not be criminally prosecuted for the activities of their spouse unles, at a minimum, they had some knowledge of the illegal activity. Usually, there would also need to be some evidence that the person assisted the spouse in some way or benefited directly form the proceedes of the activity with knowledge of the source.

However, just because your friend "knows" that she was unaware of her husbands illegal conduct does not mean that law enforcement officials will believe her or reach the same conclusion.

Yes, your friend needs her own attorney (there is a clear conflict of interest with her husband even if its their desire to stay together) and she can not get a court appointed attorney unless and until she is prosecuted in court. She should contact someone now. I would be happy to talk with her, at her convenience, with no charge for the consultation.

Read more
Answered on 7/23/99, 7:48 pm


Related Questions & Answers

More Criminal Law questions and answers in California