If I am convicted of Attacking My Wife in NJ Can She Be Obligated To Testify against Me at Trial?
It is a generally known reality that the attorney-client privilege defends the attorney-client relationship. However, the scenario varies in a husband-wife relationship. Many divorcing couples wonder if partners are granted any protection from their partner’s testifying against them in a criminal trial. As outlined by New Jersey Criminal Attorney, certain rights apply only in a marital relationship like the spousal immunity. If one is charged with assaulting his wife in NJ, whether she can be forced to testify against her partner at trial depends on the conditions.
The spousal right
Spousal Privilege limits the capability of a spouse to stand as a witness against the other partner to 1 extent or the other in all states. The privilege in the legal system has been in effect for a while. If someone is charged in a criminal case, there are concerns if their husband or wife will testify against them. The conversations among spouse are kept private and secured under New Jersey law. Presently, the marital right defends private interactions between wife and husband, but, new legislations can alter that. The judge needs to think about the matter from different viewpoints as to how the communication took place, expectations of the parties and whether others were around to listen to the discussions. However, either spouse has the right to renounce the right and can testify in the court in criminal cases.
Stated by Attorney Matthew Reisig, earlier, the courts were unwilling to ask the wife to testify against her partner for fear of generating any marriage disharmony, particularly if the testimony will carry undesirable outcomes for the husband. Quite a lot would depend on the wife’s feelings towards her partner and her personal interests as a wife and in her marriage. Many times, the wife would still hide evidence against her husband even though she is assaulted by him. It is to the court to decide if the circumstances of the case let her to exercise her spousal right and receive the safety of the spousal testimonial privilege.
Clashes usually arise regarding the spousal testimonial privilege when the finality of the case are noticed from the angle of interest of the public good. The moral difficulties and overarching rules often meddle with the quest for the truth 05dexdpky that upholds a greater public good. At times it is difficult for the court to handle the relationship in between spouses and the willingness of the spouses.
If you or your beloved is involved in any this kind of case, call New Jersey Legal Help to obtain the best possible legal support that’s inexpensive and would offer you the appropriate guidance in such matters. Allowing of the privilege can deny the wife her right to talk for her, and it may as well work as grounds for reversal on appeal. Every case requires a complete and fair hearing.