Legal Question in Criminal Law in Maryland

im subpeonaed to testify against my bf if i marry him do i still have to be a witness against him in court


Asked on 8/20/10, 9:12 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Generally, the marital privilege applies only to conversations between husband and wife. A spouse can still be subpoena'd to testify about what a spouse witnessed. The privilege will only apply if the couple was married at the time. Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.*******

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Answered on 8/25/10, 9:21 am
William Welch William L. Welch, III Attorney

Possibly. Communications made during a marriage are privileged, but communications before or after a marriage are not. In addition, while a spouse may not be compelled to testify against the other spouse, there are exceptions if the crime involves child abuse, spousal abuse, or if the spouses were partners in crime.

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Answered on 8/25/10, 9:39 am


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