I live in Washington state. My husband is facing a DV2 charge and is taking it to trial. Its coming up soon. There was no battery. I received a subpoena to appear to trial. I don't want to testify against him. I was wondering If I could exercise the 5th amendment and or marital privilege in my state.
I have spoken with my spouses defense attorney some time ago. He recorded our phone conference. I told him that I had over exaggerated and even changed my story a bit. That is where the 5th amendment question comes in. And was wondering if there are any other rights I could exercise to excuse me from testifying against my spouse in my state.
Could he be prosecuted with DV2 if there was no assault and no other witnesses? He has already done 5 months and for a short period of time been on house arrest and work release.
I don't know all the circumstances and wouldn't be able to say. It seems the prosecutor believes the state has enough to prosecute as they are going ahead with the trial. It may be if you don't testify the prosecutor will be forced to drop the case for insufficient evidence. However, evidence can be circumstantial - if there were photographs, if there was a 911 call that might be admissible - that might be enough. I don't know and I can't advise you as to whether or not there would be sufficient evidence without your testimony. That is up to the prosecutor to determine and attempt to prove beyond a reasonable doubt at trial. You could contact your husband's attorney to ask what he or she would want you to do with regard to relying on the privilege not to testify and if not testifying would be best in the circumstances. Of course, your interests are not necessarily your husband's interests and his attorney would only be representing your husband's interests, but these questions might be better put to your husband's attorney. But, keep in mind that these are your rights and your privileges to exercise.
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Thank you so much! You have been very helpful :)
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