Can the D.A. supeona a wife against her husband?

can a wife be called to testify against her husband in a leagle case if they are not leagaly seperated or divorced?

Answers:
Yes, In some cases. For Example: If a wife is a witness in a crime that her husband and she was involved in, and she is wanting to testified again him for lessor charges.
maybe - but legally she doesn't have to testify against her husband - she is protected - but she can if she wants to.
No, because a spouse cannot be forced to testify against the other in a court case.
He can but she does not have to testify. Spousal privilege.
Yes he can..the issue of privledge is one to be decided by a judge prior to her actual testimony as long as the defense atty raises the objection! Only certain discussions/conversations are protected by spousal priviledge.if it is said in private as a confession of sorts it will be covered.discussions in public places where there is no expectation of privacy will not be covered! Furthermore, things a spouse sees are NOT covered..witness the crime, state of mind, bloodied clothes....so the question...yes she can be subpoened the real question is will a jury ever hear what she has to say...that is only to be answered by the trial judge!
What a bunch of mis-informed knuckleheads!! A wife may not testify to any private conversations or private information he shares with her (or vice-versa). A spouse has a duty to testify to any criminal act they witness, no matter the perpetrator. A spouse has a reasonable expectation of privacy involving any communication held in private with their spouse. Nothing else.
Robert and Alaska are right. There is no blanket immunity with regards to information that one spouse has against another. If she knows what time he came home, for example, she cannot claim privilege to suppress that info. Same goes for the other circumstances that Alaska cited.

She can only claim spousal privilege for material facts that were told to her in confidence, as opposed to what she witnessed. She is like a priest in that regard. If her husband came home at 1:00 AM on July 29th, covered in blood, and told her that he killed someone, she might have a claim of privilege as to what he told her, but she can be compelled to testify that he came home at 1:00 and was covered in blood.


The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:


More Law Questions and Answers: