Legal Question in Criminal Law in Maryland
The state has pressed assualt charges against my husband for him assualting me. Can you please tell me in this case what evoking marital privlidge would be?
Asked on 7/28/09, 8:31 pm
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
Spouses may not be required by the state to testify against each other. The couple must be lawfully married, and in the case of domestic assault the invoking spouse may only invoke the privilege one time. The invoking spouse would assert the privilege when called to testify. Notifying the state's attorney ahead of time would be a good idea.
Answered on 8/02/09, 10:08 pm
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