Legal Question in Criminal Law in Minnesota

Testifying Against A Spouse

I know a girl who was caught with a rock of crack cocoaine in her coat pocket. After this happened, she MARRIED the guy that the she could possibly help build a case on he is the actual drug dealer that she was holding the crack cocaine for.

Can they make her testify b/c he married her after the fact to make sure that she would'nt testify against himself and others?


Asked on 9/28/99, 11:52 am

1 Answer from Attorneys

Re: Testifying Against A Spouse

The Spousal privilege is narrowly construed. Generally, a spouse cannot be compelled to testify if that spouse does not want to. The major exception is

that the marital privilege cannot be asserted in a criminal action for a crime committed by one spouse

against the other spouse according to Minn.Stat. � 595.02, subd. 1(a) (1996)

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Answered on 9/29/99, 7:41 pm


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