Legal Question in Criminal Law in Missouri

I am scheduled for a bench trial for a Domestic Assault 3rd degree. My wife does not want to testify. My lawyer referred her to another attorney who said if she was subpoenaed to ignore the subpoena. However, all the research I have found has said that while "usually" the PA will drop the case, it is possible to issue an arrest warrant for her. Should she take the advice of the attorney and not show up? Or, show up and enact spousal privilege?


Asked on 10/29/10, 8:13 am

1 Answer from Attorneys
Anthony Smith LawSmith

You wife has an attorney, so we cannot give her adverse advise. But, it seems that you may musunderstand the spousal privilege. That is something the defendant usually asserts. But, there are exceptions where the spouse is the "victim" of the alleged criminal act. A wife who does not wish to testify against their spouse may possibly assert their fifth amendment right to not be forced to give testimony against themslf. This can someitmes lead a prosecutor or judge to think that perhaps the abuse did not occur as the prosecutor alleges. Your wife may wish to discuss this with her attorney.

Good luck

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Answered on 11/03/10, 11:13 am


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