Legal Question in Criminal Law in Colorado
testify against husband
I was personally served with a subpoena to testify against my husband in a preliminary hearing for 2nd degree burglary charge. I know that I have to show up for court, but can I plead the 5th? I would rather not testify against him. Can my children be made to testify if I don't want them to? What do I say when they put me on the stand. Can I recant my previous statements? I don't want your personal feelings on this, just what my options are legally and what will happen with him. I am the material witness to this case.
1 Answer from Attorneys
Re: testify against husband
Contact your husband's attorney and ask him about the marital privilege, which states that you cannot be examined without your husband's consent; in this case the privilege belongs to your husband. However, if the burglary was committed against you, he cannot claim the privilege.
Be sure he gives notice that he will assert this privilege, at least 10 days prior to the hearing.
Good luck.
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