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  1. #1
    Join Date
    Aug 2005
    Posts
    7

    Default Wife testifying against her husband

    Under the Commonwealth of Virginia can the Prosecution make a wife testify against her husband for a crime that is Not against her?

    Also, is a Non Process the same as a Nolle in VA? Can the prosecution bring the NonProcess-- Nolle charges back up to get the wife to testify?

    Thanks, my son is in a mess......

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Virginia Marital Privilege

    Quote Quoting espn
    Under the Commonwealth of Virginia can the Prosecution make a wife testify against her husband for a crime that is Not against her?
    The Virginia Criminal Code provides:
    Quote Quoting Virginia Code 19.2-271.2. Testimony of husband and wife in criminal cases.
    In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault ( 18.2-61 through 18.2-67.10), crimes against nature ( 18.2-361) involving a minor as a victim and provided the defendant and the victim are not married to each other, incest ( 18.2-366), or abuse of children ( 18.2-370 through 18.2-371). The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.

    Except in the prosecution for a criminal offense as set forth in (i), (ii) or (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.
    Quote Quoting espn
    Also, is a Non Process the same as a Nolle in VA? Can the prosecution bring the NonProcess-- Nolle charges back up to get the wife to testify?
    A dismissal for non-process would be the type of terminology used to suggest a dismissal because somebody couldn't be served with court papers. Nolle prosequi is a term used when a prosecutor chooses to dismiss a charge, usually with a representation that no further prosecution will follow.

  3. #3
    Join Date
    Aug 2005
    Posts
    7

    Default

    Thank you for your response.

    So as I understand it, in this case the prosecution can not force the wife to testify to what she saw or witnessed. He verbally threatened his wife and her teenage daughter called the police. He has a feonly conviction and there was a gun in the house, in her name. He was arrested for violation.

    The wife says he was holding the gun. ( the arguement started because he came home early from work and found her with another man).
    Now she says he Didn't touch the gun. But she is afraid that the prosecutor will charge her for a false statement.

    Therefore, the question, " does she Have to testify?" Can they make her testify?

    Told you he was in a mess

  4. #4
    Join Date
    Aug 2005
    Posts
    7

    Default

    Oh yeah... they "non-processed" the branishing charges. Charged him with possession.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Spousal Privilege

    Under the statute, there is no spousal privilege "in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either".

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