Can i testify against my spouse

The most important thing to keep in mind is to consult with an attorney before testifying against your spouse. The court nor the prosecutor has a duty to tell you about your right not to testify. And sometimes it is the testimony of one individual that can make or break a case. Appealing a Criminal Conviction in Georgia.

In order to invoke a spousal communications privilege, the party must establish that a at the time of the communication, the spouses were in a valid marriage; b the communications were intended to convey information between spouses, and neither spouse has disclosed the communication to a third party; and c the communications were intended to be confidential.

The spousal communications privilege generally survives the end of a marriage, but communications made after the marriage ends are not protected. This privilege does not apply if the spouses are suing each other in a civil case or one of the spouses initiates a criminal proceeding against the other. However, the privilege against self-incrimination is not the only privilege the law affords people who take the witness stand in court.

Among the privileges that protect us as individuals are the privileges a married couple enjoys that allow them to safeguard their privacy and trust. The rules that govern privileges concerning evidence—including testimony in court—differ from jurisdiction to jurisdiction. In Federal practice, the admissibility of evidence is governed by the Federal Rules of Evidence FRE —a written list of evidentiary rules that apply to Federal civil and criminal cases.

But, unlike many states, the FRE does not explicitly mention a spousal testimonial privilege. When discussing the spousal testimonial privilege, Federal courts have held that the witness-spouse is the holder of the privilege.

Thus, an individual cannot assert the privilege to restrain their spouse from taking the stand if they wished to testify. Such spouse is subject to cross-examination as are other witnesses. A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.

The privilege may be claimed by either spouse or by the guardian or conservator of a spouse. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence.