Legal Question in Criminal Law in Virginia

I know of the Virginia spousal protection law wherein a person cannot be forced to testify against his spouse in criminal proceedings. I understand that this protection does not survive divorce. However, if a person knows that his spouse committed a crime BEFORE they were married, and she has been charged, can he be compelled to testify against her in that case?


Asked on 7/16/10, 8:21 am

1 Answer from Attorneys
Michael Sprano The Sprano Law Firm, LLP

Assuming the offense is not within the listed exceptions in the statute (i.e.- spousal or child abuse), the answer is no, he cannot. I know of one case in which the marriage date was moved up to before the trial specifically for this purpose, and there was still nothing the prosecution could do to compel the testimony.

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Answered on 7/18/10, 5:21 pm


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