Do I have to testify against my husband?
Question Details: The state is telling me I have to testify on behalf of the state which would mean I have to testify against my husband. I gave them a statement 3 years ago because the crime he is being accused of involved my vehicle and I was the first person to see him after the crime took place. If I do not have to testify what steps do I have to take so that they cannot force me to do so? What should I say to prevent me from having to? I was told if it happened before being married I still have to testify. This is preventing me from being in his trial because now I'm a witness.
The "spousal privilege" would prevent you from testifying if you only became aware of the facts during marriage: the privilege protects the marital relationship by keeping confidential what is learned during marriage. But it does not apply to things seen, or you were told or otherwise learned, before you were married. If they want you to testify about something you knew of before marriage, you must testify.