Submitted by Qgirl on Thu, 08/19/2010 - 08:01
My husband was involved in an assault of another man and I witnessed the fight. I'm not an expert and I don't know if my husband is guilty or not. They were both acting like idiots. By my husband wants to go to trial anyway. If I get subpoenaed to testify am I going to have to go to court and testify or can I assert some kind of marital privilege? Thanks.
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Editor's Response
If the case goes to trial, and if you receive a subpoena, you will need to go to court at the appointed time, but you cannot be forced to testify. The judge may put you on the stand and ask a few questions (to make sure you are actually married) but she should then advise you that you are not required to testify. If she does not, you can state that you wish to assert your privilege. (See Massachusetts General Laws Chapter 233, Section 20 which states, in part: "Except as otherwise provided in section seven of chapter two hundred and seventy-three and except in any proceeding relating to child abuse, including incest, neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other.")
As for your husband, he should probably talk to a Massachusetts criminal law attorney (if he does not already have one). Depending on the facts and your husband's criminal record, this case may best be disposed of through a plea bargain. Good luck.