Legal Question in Constitutional Law in Michigan

do I have to testify against my husband

While I was 9 months pregnant I was questioned about my, at the time, boyfriend and an incident that supposedly occured. I wrote a statement that I thought at the time would help my boyfriend but I really had no clue about the incident but they pretty much told me what to write. They are using what I said against him and have decided to subpoena me. We have since had our son and gotten married. Do I have to testify against him or can I use my right to not incriminate my husband?


Asked on 1/30/06, 11:50 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: do I have to testify against my husband

Generally you have a spousal privilege not to testify against your husband, under both Michigan and federal evidence law. There are situations where the privilege is not available, however. It does not matter that you were not married at the time you made a statement (to the police?). But, if there is evidence that you later got married in an attempt to use the spousal privilege, your statement could be admitted and/or you could be compelled to testify.

Please note that this message and communication do not create an attorney-client relationship, and that I offer this advice with very limited information about your case. I advise you to consult with your husband's defense attorney who can provide advice based upon more detailed information about this case.

Read more
Answered on 1/31/06, 1:12 am


Related Questions & Answers

More Constitutional Law questions and answers in Michigan