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Ask John A. Flynn, Esq. Your Own Question
John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 202
Experience:  Over 12 years experience
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I took out assault and batter charges out on my husband. Our

Customer Question

I took out assault and batter charges out on my husband. Our court hearing is today. I just want this to be over with asap. we are still living together and trying to have a relationship although it is still very strained. I do not want any thing done to him other than to let him know that this better not happen again because I most assuredly will seek punitive charges then. Our case is today at 2 pm... although I had to give an affadavit to the magistrate in Martinsville , Virginia (it was with Henry County magistrates office) on the night of the assault... my question is: can I plead the 5th ammendment and quote that I further don't want to testify based on husband/wife spousal privelge? Sheri Plasters
Submitted: 8 years ago.
Category: Criminal Law
Expert:  John A. Flynn, Esq. replied 8 years ago.

The Fifth Amendment will only protect you if you claim you cannot testify because to do so would be to testify against yourself. If you say that you are "taking the 5th" they will assume you lied to begin with and are protecting yourself from false report charges by not testifying. You CAN however, decline to testify based upon the spousal privilege. I don't know what State you are in, but in Arkansas, most cases where the "victim" spouse declines to testify are dropped. I hope this helps, good luck.

 

John Flynn

 

Customer: replied 8 years ago.
Well you state avoid testifying based on spousal priviledge is something I can opt for and futher state that in the state of Arkansas, most cases are simply "thrown out" or dropped. What about in my State of Virginia? Also, do they usually get the defendent to testify on his own behalf and if so may he claim the husband/wife priviledge as well without either of us risking being charged with "contempt of court'? Sheri Plasters

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