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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-20-2005, 06:38 PM
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Need Answer


Indiana

Can a wife be forced to testify against her spouse in a criminal case?
  #2  
Old 08-21-2005, 01:36 AM
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Forced?
It's been my experience that force is the one way to lose all cooperation from a woman, especially a spouse.....

Is she receiving a get out of jail free card for her testimony?

Is she the victim, as in domestic violence?

Or did she start bumping her gums and tell the police all of her husbands dark secrets during her monthly bout of temporary insanity?
  #3  
Old 08-21-2005, 05:01 AM
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missouri

NO**************What makes them think you know anything anyway. The only way they know is because someone tells them**************.....
  #4  
Old 08-21-2005, 07:10 PM
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Question

Testifying


I was arrested after they came to the house with a search warrant. They kept me in the holding cell for 6-7 hours because my husband was also in the same jail. They would not allow me to use the phone. When I was being taken to a cell, an officer came in and told me that I better do some soul searching if I wanted to keep my kids.

The next morning I was taken into an office with 2 officers. Then, the officer who had came in and talked to me the previous evening came in. They would ask me questions and I would give my answer then someone would say oh come this, oh come on that.

They say that their tape recorder ran out during the "interview", however, there are statements in there that I know I did not say.

I told my public defender I do not want to testify against my husband. He has told me that if I refuse to cooperate they will file more charges against me and if I cooperate I will be given time served.

I DO NOT want to testify against my husband. Can they force me to testify?
  #5  
Old 08-21-2005, 07:31 PM
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Quote:
Originally Posted by chevy3girl
I DO NOT want to testify against my husband. Can they force me to testify?
They aren't going to stick hot pokers under your fingernails to force you, no. Might there be repercussions if you do NOT testify? Absolutely.

If you are a co-conspirator or a victim of his crimes, spousal immunity often does not apply. Since it seems your attorney has not given you the answer you want to hear, I'm guessing you are sen as a co-conspirator or a party to his offenses, and this is usually an exception to the spousal immunity.

Speak to your attorney and give him direction on how you want to proceed. And be ready to take the jail time.

- Carl
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....author unknown
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