Legal Question in Criminal Law in New Jersey

assault charges

can a husband confess against his wife while living in the same household, if he witnessed her attact someone.


Asked on 2/26/08, 12:11 pm

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: assault charges

The marriage relationship gives rise to confidentiality of communication between the spouses. What is said by one spouse to the other is deemed to be confidential and protected against being the subject of testimony in court.

There is no confidentiality involved in being a witness to a spouses criminal conduct. The witnessing spouse can be compelled to testify as to witnessing the attack.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/26/08, 12:39 pm
Gary Moore Gary Moore Attorney At Law

Re: assault charges

The marriage relationship gives rise to confidentiality of communication between the spouses. What is said by one spouse to the other is deemed to be confidential and protected against being the subject of testimony in court.

There is no confidentiality involved in being a witness to a spouses criminal conduct. The witnessing spouse can be compelled to testify as to witnessing the attack.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 2/26/08, 12:40 pm
Gary Moore Gary Moore Attorney At Law

Re: assault charges

The marriage relationship gives rise to confidentiality of communication between the spouses. What is said by one spouse to the other is deemed to be confidential and protected against being the subject of testimony in court.

There is no confidentiality involved in being a witness to a spouses criminal conduct. The witnessing spouse can be compelled to testify as to witnessing the attack.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 2/26/08, 12:40 pm


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