How can I not testify against my husband

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Latest post 10-20-2009 12:35 PM by LynnM. 16 replies.
  • 10-19-2009 3:10 PM

    How can I not testify against my husband

    On March 19th, my husband of 6  years decided he wanted to play Russian Roulette. At first I was very traumatized by all of this. Eventually after a lot of prayer I was the one to post his bond. He came home and every thing was fine. Since then he has gotten in some additional trouble. This has nothing to do with what happened between us. I had told the Prosecutor office that I was not going to testify against my husband and they totally did not hear it and sent me a subpoena any way. When we went to court I told him again that I was not going to testify against my husband. Before I knew it they had called me to the witness stand. I re-lived that nite all over again.

    Now his case is in circuit court and I have been subpoenaed again. I do not want to testify against my husband and I want to know exactly what my rights are. His public defender is telling him that I need to change my testimony. I can not get on the witness stand and tell a lie. That is perjury and I do not know what to do. I do not have the money to get a lawyer so I am totally lost now. I do not want to see my husband in prison, not even in jail. I can not get up there and lie. I need some help right now. Especially since the trial starts on November 3 and I am a witness. I am at my wits end because I know he loves me and I love him I just need some legal advice. I am sending a S.O.S. please help

  • 10-19-2009 3:21 PM In reply to

    Re: How can I not testify against my husband

    Unfortunately, you must testify if called; there is no protection against testifying against a spouse for a criminal act that I know of.

    Of course, you shouldn't lie and if you did, it would only be brought up that you testified differently previously (on the same case?  That's not clear).

    Whether you love each other or not, it's clear he's committed some crimes he needs to pay for.  Don't stand in the way of justice because you "love" him.  And NO PD should be advising anyone to lie.  Good luck.

  • 10-19-2009 3:55 PM In reply to

    Re: How can I not testify against my husband

    His attorney should know if spousal privilege is applicable to your case.  Most states have eliminated the protections where the spouse is a victim of the criminal act.

    It isn't really unlawful to threaten suicide, so there has to be more to the story here.

    His PD should absolutely NOT be telling his client to do anything to influence his testimony.  I take my job seriously but I ain't going to prison for any of my clients.

  • 10-19-2009 4:08 PM In reply to

    Re: How can I not testify against my husband

    Ford:
    It isn't really unlawful to threaten suicide, so there has to be more to the story here.

    He might be up on any number of firearms charges from brandishing to unlawful possession. Throw disorderly conduct and maybe reckless endangerment into the mix and you've got a nice little cocktail of charges that could put him away for a while.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-19-2009 5:10 PM In reply to

    Re: How can I not testify against my husband

    I do not want to see him put away in prison. Yes he is a prior felon but that was before we got married. I know how sorry he is because i visit him every thursday and I really wish none of this mess had never happened. I believe they have him listed as a habitual offender 4. I have no idea what that means. I will tell you this when they came to my home(my son called the cops, he has to testify also) after they tore my home up they still did not find the gun. Later after they left, I was the one who found the gun and called them back to come get it. He has a lot of health problems and they are definitely not being addressed in jail. While he was out on bond he was taking care of himself. When I saw him last thursday it was like a knife tugging at my heart seeing him in the condition he is in. I still can not believe that his PD wants me to lie. I am not going to jeopardize my freedom like that. He said that I could say I was drunk or that I was intoxicated or whatever to change my story. What kind of PD is that? Yeah it will get my husband off of that charge but it can also wind me up in jail. My husband is looking at Felonious Assault, Posession of a Firearm by a Felon and Felony firearms. I wish I could turn back the hands of time maybe I would not have turned the gun in. I was so traumatized that nite. WoW!!!!!! I still can not believe it.

  • 10-19-2009 5:15 PM In reply to

    Re: How can I not testify against my husband

    The attorney that he had at that time. She did not tell me anything about spousal priviliges so I found out after the fact. Like I said the prosecutor just went right ahead and subpoenaed me and put me on the witness stand. I still can not believe that the PD he has now wants me to lie on the witness stand. I do not know if he is hard up for some more clients and would probably wind up representing me for perjury. This mess is about to drive me crazy. Not only am I currently sick with the flu, I also have Lupus that was in remission until all of this stress hit me. Now it is out of remission and Lord knows I am catching it. I love my husband with all of my heart and I want to see all of this mess resolved. I do not know how. My faith and trust in God will have to be all I can go on. I definitely do not want to relive that nite again on the witness stand. I just can not go through this.

  • 10-19-2009 5:20 PM In reply to

    Re: How can I not testify against my husband

    I need a little more than luck. Yea his PD wants me to change my story but I did not know anything about spousal privledge at that time. I belive the prosecutor knew that and he did what he did anyway. My husbands attorney at that time could not tell me because, I am the victim and she was his attorney. He no longer has her. Now he has a man and I am in shock that he wants me to lie. He says he has never heard of the legal system proscuting a wife for perjury or maybe he wants to wind  up being my PD i do not know. I just want all of this to go away and for my husband to come home and we can heal and be a family again like we were. There has to be a way to rectify this situation.

  • 10-20-2009 4:33 AM In reply to

    Re: How can I not testify against my husband

    I wouldn't be so sure it is your husbands attorney suggesting you should tell a different story since this information is coming from your husband.

  • 10-20-2009 8:13 AM In reply to

    Re: How can I not testify against my husband

    Oh his PD did mention it to me a few weeks ago. I wrote the judge and I told him exactly what was going on. The judge is the same judge that is hearing the case. On 10-26- they have a pre-trial and on 11-3 I have a subpoena to testify. I really do not want to relive this madness all over again. This has been a crazy time for me. Like I said before all of this stress has knocked my Lupus out of remission. If someone had of told me that this mess would be going on now I would have told them that they were lying.

  • 10-20-2009 8:21 AM In reply to

    Re: How can I not testify against my husband

    He had a Forensic Psychiatric Examination and that found him competent to stand trial. While he was out on bond he was seeing a Therapist. I was seeing one also. We also were doing some marital counseling. Then he got in some more trouble(not with me) but it landed him back in jail. I know he is remorseful and I know he will not hurt me again. Even if this marriage does not work, he has a lot of health problems that would not even be addressed in prison. They are not even being taken care of in jail. His PD is wrong and I already told wrote the Judge and told him what was going on. Since I have never been through this kind of situation before, I live in Flint Michigan. Is there a victim abuse group you can recommend?

  • 10-20-2009 8:54 AM In reply to

    • Drew
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    Re: How can I not testify against my husband

    I think your best answer is that you need to engage a skilled criminal defense lawyer to assist YOU!

     

    The technical issues of who has the privledge and how it applies are beyond me.  But as I understand it the spouse has broad rights to prevent you from testifying against him. But you can testify for him. Problem is you are not supposed to lie--and if you tell two different stories that sort of says one is wrong and you are stepping into lying on the stand--which could get you jail time !  And at teh very least it totally discredits you--which may be waht PD has in mind.

     

    But that s not the question you pose---apparently you pose that the PD has "suggested" that you lie and reinvent the story? My guess is PD is sure to deny same and you will be left to swing in the wind.  On the otherhand if you cooperate with prosecution you may be aiding the outcome you don't want.

    I frankly think its such a Catch 22 that you almost certainly gotta have your own skilled criminal defesne counsel to assist you

     



  • 10-20-2009 9:01 AM In reply to

    Re: How can I not testify against my husband

    I'm not sure what you think you are accomplishing by writing to the judge or who you think that will help.  I tend to agree with Drew ( hold the shock) that you need some legal input before you bury everyone, including yourself.

  • 10-20-2009 9:15 AM In reply to

    Re: How can I not testify against my husband

    I only was asking for mercy on my husband and I also included a character reference from our pastor. As for me getting some legal counsel i can not afford it and i am still right back to where i started. as for his PD, i told him weeks ago that i would not go to jail for anyone one that includes son, husband or who ever. i have never had any trouble with the law and i am not about to start. i do not know if i can have a public defender of my own. At this point i am completely exhausted of all of this mess. i just do not know what to do and do not have the money to hire a attorney.

  • 10-20-2009 9:18 AM In reply to

    Re: How can I not testify against my husband

    i can not afford a  criminal attorney with no money. so yea now i am left swinging in the wind.

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