Legal Question in Criminal Law in Virginia

my husband

hello my name is--name removed--i am in williamsburg va. i just want to know since my husband have a felony assault and battery against him do i have to testify against him? we have a 1 year old son together and still love each other but im not gonna testify against him. will me not saying anything in court affect him in any way or could it be possible that he go home? he have court may,3 2006 he has no bond and had his arraingment feb first. why is the hearing taking so long and thats just for the peliminary. what should i do will it hurt him if i don't testify? please let me know. thanks!


Asked on 2/13/06, 12:54 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: my husband

The best advice you could be given at this particular juncture would be for you to consult with the Williamsburg area defense counsel who is by now(hopefully)representing your husband on this quite serious charge. This person should be able to advise you in detail regarding the questions and concerns which you've raised in addition to arranging a bond review(another one, if necessary) on the matter if your husband is still being held in custody and his trial is not until May.

If by some ill chance your husband still does not have the services of a defense counsel due to financial considerations, he should request that the court appoint one to represent him.

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Answered on 2/13/06, 2:16 pm
Charles Homiller Jimison/Homiller, PLC

Re: my husband

While there is a spousal privilege which would allow a spouse not to testify the other spouse, this privilege does not always apply. One such instance is domestic assaults where the victim is the defendant's spouse. In that case, you may not invoke the spousal privilege, and will be required to testify against your husband. If you refuse to testify, you could be cited for contempt by the court, or charged with making a false police report, which is a class I misdmeanor. As for the delay, that depends on court dockets and the availability of witnesses. He should have a bond hearing in front of the court, though a bond on a felony such as this will likely be quite high. Consult with an attorney.

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Answered on 2/13/06, 7:29 pm


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