Legal Question in Criminal Law in Texas

if married to accused of felony do I have to testify

while married to my husband of he was arrested and accused of 5 counts of robbery, 5 felonies. Our divorce was final 10 days after his arrest. By law can I be suponea and made to testify either for or against him.


Asked on 8/14/06, 8:01 pm

1 Answer from Attorneys
michael palmer Law Office of Michael Palmer

Re: if married to accused of felony do I have to testify

First, you have to show up in court if subpoena. If not, then you can be held in contempt of court. However, under Texas Rules of Evidence 504 (Husband-Wife Privilege) you do not have to testify if you do not want to. That said you can testify if you want to. You are the one that decides whether to testify not the State or your husband.

Sincerely,

Michael Palmer

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Answered on 8/15/06, 12:02 pm


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