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After an arrest, you are without doubt afraid and worried about what goes on next. The entire process of being arrested, jailed, bailed out, and showing in court on a criminal charge is unpleasant and very stressful. New Jersey penalties for criminal offenses are some of the most challenging in the United States. It's crucial that you hire a lawyer who you can depend on and who knows how to successfully guide your case with the complexities in the New Jersey courts and justice system. Matthew Reisig and his group of certified criminal defense attorneys hold the skills you should protect your rights if you've been arrested anywhere in the state of New Jersey.
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If I am convicted of Attacking My Partner in NJ Can She Be Obligated To Testify against Me at Trial?
Can She Be Obligated To Testify against Me at Trial? It's a usually noted reality that the attorney-client privilege safeguards the attorney-client relationship. But, the situation differs in a husband-wife relationship. A lot of divorcing partners ponder if spouses are given any defense from their partner’s testifying against them in a criminal trial. According to New Jersey Criminal Attorney, specific legal rights apply only in a marital relationship such as the spousal immunity. If one is arrested for assaulting his wife in NJ, whether she could be forced to testify against her spouse at trial depends on the situations.
Can She Be Obligated To Testify against Me at Trial? The spousal right Spousal Privilege confines the ability of a partner to stay as a witness against the other spouse to 1 degree or the other in all states. The right in the legal system has been in effect for a very long time. If a person is charged in a criminal case, there are concerns if their husband or wife will testify against them. The discussions among spouse are held confidential and protected under New Jersey law. Currently, the marital right protects personal communication between a married couple, but, new rules can change that. The judge needs to consider the matter from various perspectives as to how the communication took place, expectations of the parties and if other people were around to hear the conversations. However, either spouse has the right to waive the right and can testify in the court in criminal cases.
Can She Be Obligated To Testify against Me at Trial? As stated by Attorney Matthew Reisig, before, the legal courts were hesitant to ask the wife to testify against her husband for the fear of generating any marriage disharmony, specifically if the testimony would have adverse effects for the husband. A lot would depend on the wife’s feelings toward her partner and her personal interests as a wife and in her marital relationship. Many times, the wife would nevertheless conceal evidence against her husband although she has been assaulted by him. It is to the court to determine if the conditions of the case enable her to exercise her spousal right and receive the defense of the spousal testimonial privilege.
Can She Be Obligated To Testify against Me at Trial? Conflicts normally arise when it comes to the spousal testimonial privilege once the finality of the case are noticed from the angle of curiosity of the public good. The moral problems and overarching rules often meddle with the quest for the reality that upholds a larger public good. Often it is difficult for the court to manage the relationship between spouses and the eagerness of the partners.
Can She Be Obligated To Testify against Me at Trial? If you or your loved one is embroiled in any this kind of case, call New Jersey Criminal Attorney to receive the best possible legal guidance that's affordable and would offer you the right suggestions in these types of issues. Allowing of the privilege can reject the wife her right to speak for her, and it can also act as reasons for reversal on appeal. Each and every case requires a full and honest hearing.
Can She Be Obligated To Testify against Me at Trial? Reisig Criminal Defense & DWI Law, LLC 125 Half Mile Road Suite 200 Red Bank, NJ 07701 (732) 625-9661 https://www.youtube.com/watch?v=pQ_8dGgTCsg