Criminal Law Questions? Ask a Criminal Lawyer.
Hello,As the State's Attorney has already told you, the state can go forward on this case with or without your cooperation. Usually, since the complainant is the star witness against defendant, the State Attorney's hands are pretty well tied up when the complainant seeks to exercise her marital privilege.Unfortunately, the state has evidence that might make your presence unnecessary. Also, this is a very serious charge, and one in which the prosecutor may be very interested in securing a conviction. While marital rape is generally difficult for a prosecutor to prove beyond a reasonable doubt, he is entitled to try. If you want to drop and the prosecutor won't let you, and you do wish to help your husband, you must speak to your husband's lawyer and ask how you can help the defense. Let him know that you have tried to drop the charges and let him interview you as to exactly what you told the authorities. If the State Attorney does wish to go forward without you, the lawyer can at least carve out a defense strategy based on the information that you give him.
I don't really feel that you answered my question before. You seem not to want to give a direct and specific response. But here is another question. I gave a testimony about the domestic violence that I expereinced in a civil court hearing to have a protective order against my spouse. Under what circumstances can this testimony be thrown out or not submissable in a criminal court? Also, do you know what is the penalty for perjury in a civil court testimony in Montgomery County, MD? Are you able to speak confidently on MD law even though you practiced in NYS? Thanks, Monique
Okay, I can appreciate your cautious responses. But, are there not well defined legal criteria under which a civil court testimony cannot be used in a criminal court case? It does not appear that you addressed this question. I understand that the State's Attorney's Office may be determined no matter what. It is clear that this is the case. I am trying to educate myself by using the JustAnswer service. The defense appears to be greedy and not doing everything possible to prevent this case from going to court. I sense that he is not employing all the strategies he can to get this case dropped because he wants to milk my spouse for everything he can get. Also, are you saying that I could go to jail for up to 10 years for committing perjury in a civil court hearing?
Hi,I'm not saying that you can go to jail at all. The statute says that this is the maximum penalty the offense is worth. It's been my experience that the States Attorney rarely will charge a witness who is their complainant with perjury. They don't want to get a reputation of turning on their key witnesses and prosecuting them when the case goes wrong. It would discourage victims of a crime to come forward.In order for civil testimony to come in on a case, it would have to constitute an exception to the hearsay rule. If you testifed differently in court than in your civil matter, the defense attorney would be able to use what you said to impeach your testimony. So even though what the physical evidence (the transcript) would not come in, the jury would know that there was written evidence and would know that at an earlier time closer to the incident, you'd sworn under oath to something else.
I think if you want the ins and outs of Maryland's evidence laws, I'm going to see if I can find a Maryland expert to take it from here
I don't necessary need the ins and outs of MD law. However, I am confused by what you said about "a civil testimony would have to constitute an exception to the hearsay rule". Are you saying that my civil court testimony would have to qualify as hearsay in order for it to not be used in a criminal court hearing? How could my ciivil court testimony be recognized as hearsay? What is the criteria? Would omission of key facts render my civil testimony meeting the criteria for hearsay?
That was without question an excellent and thorough response! This is very complicated because both my testimony and this routine of dominance are true. I was not given an opportunity to explain the latter. Also, there is some information omitted that my lawyer kept me from testifying about- on another occasion my spouse indicated a desire for sex and I told him absolutely not and that I would consider it a violation and he respected my wishes. On the occasion that I gave testimony for, I did not refuse sex, I had even offered it earlier, and when he requested it, I willingly undressed and showered beforehand on my own volition. I guess this previous time that he respected my wishes and the murkiness of how things happened should all help his defense. More importantly, you have educated me that his defense lawyer can contest the my civil court testimony on the grounds that my spouse has the right to confront his accusers. It pays to have access to this information because I fear that the defense lawyer is operating out of greed and simply wants to go to trial and is not employing all the tactics that he can to avoid trial and negotiate out of court. I will read the 2004 Case Crawford v. Washington. This is extremely helpful! Can the defense request that my civil testimony be thrown out at the preliminary hearing?
Is there anyway that I can have my civil court testimony expungedfrom court records? Also, if I wanted to alter the protective order to allow him to move back in the home that I have now moved out of, how can I do this?
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