Legal Question in Criminal Law in Maryland

Can I file a motion to quash a subpoena using marital privledge if I am being asked to testify againt my husband in domestic violence case? The case is in Maryland.


Asked on 6/10/10, 7:18 am

3 Answers from Attorneys
Bill Wood Law Office of William C. Wood, LLC

You can, but it will likely be denied. You may invoke your marital privilege against testifying, but you would have to do so on the record in open court. The privilege may only be invoked once.

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Answered on 6/10/10, 10:46 am
William Welch William L. Welch, III Attorney

You should let the state's attorney know that you intend to invoke the privilege ahead of time.

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Answered on 6/10/10, 11:07 am
Jason Cleckner Law Office of Jason Cleckner, LLC

You may also want to get an attorney to facilitate using the privilege, because often the Assistant State's Attorney will intimidate and threaten people in an effort to make them testify. I have even seen them lie in order to attempt to get a conviction. Despicable, but true.

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Answered on 6/10/10, 12:04 pm


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