Legal Question in Criminal Law in California

I am Married and my husband has been accused of murder due to my statement I live in another state from these proceedings and do no want to testify am I correct that now that I am refusing the subpeona when I go into court I can tell the judge that I wish to assert my spousal rights to not testify against my spouse and that should be sufficient enough to not have to go to the other state or can they force me to testify?


Asked on 10/01/09, 1:21 pm

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

You should not have to testify. Contact your husband's defense attorney and work out the details with him. Perhaps a sworn statement of intention to rely upon the spousal privilege can save you the trip of going there to do so.

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Answered on 10/01/09, 1:37 pm


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