Legal Question in Criminal Law in Maryland

my husband & I were arrested and charged with second degree assault. He pushed me and I scatched him. when we go to court we are planning on pleading not guilty and will not testify against one another. Will this case be dropped since we will not testify against one another?


Asked on 6/03/11, 5:42 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Most likely, it would be, unless either the state has an independent witness with no 5th Amendment privilege. Beware that the state may decide to drop charges against only one of you and prosecute the other. If either of you has previously invoked spousal privilege, then the witness spouse might be in contempt of court and jailed until he or she agrees to testify.

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Answered on 6/04/11, 3:09 am
Jason Cleckner Law Office of Jason Cleckner, LLC

If everything goes well, and the State doesn't decide to drop one case and proceed on the other, yes. But it will be 2 not guilties, the charges won't be "dropped."

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Answered on 6/06/11, 9:41 am


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