QUESTION
Can I use spousal testimonial privilege to drop the domestic violence misdemeanor charges against my wife?
Asked on Dec 27th, 2013 on Criminal Law - Colorado
More details to this question:
We got into a heated argument. She called the police because she wanted me to leave. The situation was calmed down by the time the police arrived. They asked us each what happened. We both stated she hit me and then we pushed each other. They arrested her because she hit and initiated the fight. I asked that they just let me leave and she can stay at the house. I had a couple of scratches on me but that was it. No bruises or bleeding. They said it was required to arrest someone, and since we have kids in the house, she would be arrested since she started it. Can I invoke spousal testimonial privilege so that the prosecutor cannot build a case against her? She has no criminal record and no history of any assault. I did not press charges, nor do I want any charges pressed. What are our options? I do not want her to be charged with anything.
9 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Its complicated. You need to talk to a lawyer.
Answered on Jan 02nd, 2014 at 10:17 AM
James Edward Smith
Np can do. Privilege does not apply.
Answered on Dec 30th, 2013 at 6:34 AM
Michael J. Breczinski
In most States the spousal privilege does not apply to domestic violence matters.? However you should talk to the prosecutor about this matter and your wishes.? Many States have a first time offender program that involves anger management classes.? If the program is successfully completed then the case is dismissed.? Get a lawyer and look into this.
Answered on Dec 27th, 2013 at 6:02 PM
It doesn?t work like that. Prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. She needs a good lawyer.
Answered on Dec 27th, 2013 at 6:01 PM
1 Award
Invoking your spousal privilege to refuse to testify does make it more likely that the prosecutor will drop charges, but is not a guarantee. Depending on the evidence, it may be possible for a prosecutor to build a case without your testimony. Your wife should hire an attorney to help her avoid a conviction.
Answered on Dec 27th, 2013 at 12:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are not in control, as you have figured out. Once you have called the police it is no longer up to you. See an attorney with the details and for your options.
Answered on Dec 27th, 2013 at 11:58 AM
Call the prosecutor's office and speak with whoever is handling the case. Let that person know that you wish to have the charge dismissed and they drop the case. If they refuse to dismiss, tell them that you are not going to testify and will claim the spousal privilege. However you should not change the story that you originally gave to the police as you do not want them to file a charge of making a false report.
Answered on Dec 27th, 2013 at 11:57 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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No privilege exists in that type of situation, but you don't have to go to court unless the prosecutor is able to validly serve you with process, you don't have to answer door, and if it comes in the mail you don't have to acknowledge it's receipt.
Answered on Dec 27th, 2013 at 11:56 AM
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No - but there are ways a victim can help get these cases dismissed.
Answered on Dec 27th, 2013 at 11:55 AM