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comeon

Junior Member
Belizebreeze, Lawgirl10, Senior Judge please advise

Belizebreeze, lawgirl10, senior judge please adviseWhat is the name of your state?What is the name of your state?Florida
My husband has been charged with a crime. We are still very much together. I've received a subpoena from the Prosecutor to speak with him. As I understand it, this simply does not happen and he may not even realize who I am at this point. I obviously want to invoke my spousal priveledges/marital communications. His attorney cannot advice me on how to do this as it would be a conflict. I cannot afford to have another attorney go with me. Does a subpoena mean you must just show up or I must show up and speak? Do I just state that I want to invoke the priveledges and is all questioning supposed to stop then? He cannot hold me there, can he? Please and thank you for your help. I have also been told that I can answer some questions and not others as long as it's not disparaging to the case, since I don't know what's disparaging to the case may I just assume everything is?
 
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signat

Member
comeon said:
Belizebreeze, lawgirl10, senior judge please adviseWhat is the name of your state?What is the name of your state?Florida
My husband has been charged with a crime. We are still very much together. I've received a subpoena from the Prosecutor to speak with him. As I understand it, this simply does not happen and he may not even realize who I am at this point. I obviously want to invoke my spousal priveledges/marital communications. His attorney cannot advice me on how to do this as it would be a conflict. I cannot afford to have another attorney go with me. Does a subpoena mean you must just show up or I must show up and speak? Do I just state that I want to invoke the priveledges and is all questioning supposed to stop then? He cannot hold me there, can he? Please and thank you for your help. I have also been told that I can answer some questions and not others as long as it's not disparaging to the case, since I don't know what's disparaging to the case may I just assume everything is?

Your spousal privilage protects conversations you have had in confidence with your husband. The privilege belongs to the person who made the communication. You can be asked any questions that do not violate this privilage such as questions concerning acts or observations. For instance, "Did he go to work on such and such date?", or "Does your husband own a gun?" if you observe these things then you must testify. You MUST respond to the subpoena, but you may not testify to anything your husband has told you in confidence. Further, your husband's lawyer will probably see to it that you do not violate his privilege as you do not have the right to testify to anything he told you in confidence, while married, unless he has waived that privilege. Now, if he has committed the crime against you then the privilege does not apply. Let me know if you have any other questions.
 
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