Wednesday, May 15, 2013

My boyfriend is going to jury trial for domestic violence and I have have received a supoena to testify against him. Can I plead the fifth? We got...

The previous answer makes reference to the marital privilege in which communications between spouses can be kept confidential even in court.  However, you do not qualify here because (1) you are not spouses, and even if you were, (2) most jurisdictions recognize an exception to the privilege when one spouse is being charged with a crime as against the other spouse.

The 5th Amendment doesn't protect you here either because that gives you the right not to testify against yourself in a criminal case.  Here, you would be testifying against your boyfriend, not yourself.

Thus, you likely have to testify truthfully if compelled to do so.  Remember that you can do yourself no harm by telling the truth.  If you were to lie under oath to help your boyfriend, you would be subject to criminal charges of perjury.  It would not be worth it.  Best of luck. 

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