Freedom2005
Junior Member
Can a former spouse / co-defendant testify?-PLEASE HELP!
What is the name of your state? Texas
Approximately 2 ½ years ago, my ex-wife and I were both indicted on state felony charges. At the time of the arrest we were happily married and charged with the same crime. Since the date of the arrest, feelings changed between us and we our now divorced.
Our attorneys are partners, throughout the entire pre-trial process attorney-client conferences were held. Both myself and my ex-wife would be present in the same room along with both attorneys. Both attorneys would ask questions in which were directed to me in the presence of my wife, at the time believing that this was a team environment I would answer or address any issues. Now, my ex-wife is willing to testify as a state witness. My questions follow:
1. Is there a law for or against a spouse / co-defendants testifying or Can she waive these rights?
2. Does this situation violate attorney client privileges?
Your comments and feedback would be greatly appreciated.
“Change of Heart”
What is the name of your state? Texas
Approximately 2 ½ years ago, my ex-wife and I were both indicted on state felony charges. At the time of the arrest we were happily married and charged with the same crime. Since the date of the arrest, feelings changed between us and we our now divorced.
Our attorneys are partners, throughout the entire pre-trial process attorney-client conferences were held. Both myself and my ex-wife would be present in the same room along with both attorneys. Both attorneys would ask questions in which were directed to me in the presence of my wife, at the time believing that this was a team environment I would answer or address any issues. Now, my ex-wife is willing to testify as a state witness. My questions follow:
1. Is there a law for or against a spouse / co-defendants testifying or Can she waive these rights?
2. Does this situation violate attorney client privileges?
Your comments and feedback would be greatly appreciated.
“Change of Heart”
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