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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was told spouses cannot be forced to testistify against

Customer Question

I was told spouses cannot be forced to testistify against one another. Is this true?
JA: What state are you in? It matters because laws vary by location.
Customer: Its a question about the Clintons and their foundation
JA: Has anything been filed or reported?
Customer: just a post online
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, that would do it thank you
Submitted: 16 days ago.
Category: Legal
Expert:  Ely replied 16 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is true, but only to a point. There are two types of privileges.

TESTIMONY IN CRIMINAL CASES: witness spouse may refuse to testify against his/her Defendant spouse. However, the witness spouse can waive that privilege and decide to testify. If so, the Defendant spouse cannot stop them.

TESTIMONY TO COMMUNICATION IN CIVIL AND CRIMINAL CASES: In both criminal and civil cases, communications between spouses during the marriage are privileged if said in a private communication between the two parties. Either party can invoke that privilege and have any such testimony thrown out of court.

These privileges are voided if the spouses are the parties in an action against each other, such as in a divorce or a restraining order.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 days ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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