Legal Question in Criminal Law in Maryland

My son, husband and myself were all charged with 2nd degree assault against each other. If we all agree not to testify against each other what are our options? This is a first offense for every one (24 years together). We are all in Family Counselling and my son has moved out. I slapped my husband 3 times he slapped me back - no visible bruises. My son punched my husband


Asked on 9/07/10, 5:59 am

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

If all of the witnesses are also defendants and exercise their individual 5th Amendment rights to remain silent, then the state would probably have no evidence and have to dismiss the case(s). However, if the state has other evidence, or if it offers immunity to a defendant, then that person's testimony may be compelled. In other words he or she may be held in contempt of court for failing to testify after having been granted immunity from prosecution.

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Answered on 9/12/10, 6:46 am
Jason Cleckner Law Office of Jason Cleckner, LLC

Well, what you have to worry about is that the State may Nolle Pros one or two of the cases and therefore make it impossible for one of you to assert your 5th Amendment right against self-incrimination. Then, one of you would be convicted. You should all get lawyers to make sure that this doesn't happen. What county is this in?

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Answered on 9/12/10, 6:47 am


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