Legal Question in Criminal Law in New Jersey

Married couples

Can a married couple be compelled to testify against each other? And do they have to be married at the time of the arrest? I was arrested in Nov. of 2006, I have not been arraigned yet, nor indicted, my b/f has a warrant out for his arrest for the same crime (3rd degree burgulary and theft) but he is out of state in rehab. I was wondereing if we were to get married now, would that stand up in court later on and enable us not to have to testify against each other if we were in a position to be asked to do so?


Asked on 12/18/06, 7:31 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Married couples

The basic law is that any communications made outside of the marriage, even if you get married later, are not privileged. Please contact me if an indictment is actually brought against you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/19/06, 12:22 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Married couples

I suggest getting a good attorney and let him or her worry about legal issues. I would have to know more about your situation before I can fully answer your question, but I do have a situation just like that where they got married afterwards and now the wife cannot testify. However, you assume you are going to trial when 95% of cases settle. While I love going to trial, its not something to just jump into as there are many ways to resolve a case beforehand, i.e. PTI, dismissal, etc.

My initial consultations are always free, so call me at 732/247/3340 and we can discuss your case. I have an office in Toms River so I'm rather close to you.

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Answered on 12/18/06, 8:06 pm


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