Q: I have to refuse to testify (it will incriminate me) against my spouse (DV case). How to plead the 5th?
My spouse simply did not do what is being alledged. I realize calling the police was the stupidest thing I've ever done but it was a bad night so I did something I shouldn't have. Now my spouse has to take the fall. In the jury trial I will be asked to testify. I refuse, even if that means jail time. How do I effectively use my 5th amendment right? What is the worst "punishment" I could be given for refusing to testify against my spouse? They are pushing to ruin a marriage so they can win a case while I've made it very clear I will not testify, their is no testimony from me in the first place to use and it was over scratches made by gardening earlier that day that they (cops) claimed were sufficient enough to arrest my spouse for DV. My spouse had small, very small, scratches on their hands as well so they (cops) wanted to know who the aggressor was or they'd take us both so we had to agree my spouse would go because somebody would need to be with our children, of course. Now what?
A: You should have consulted a criminal defense attorney but, even if your haven't thus far, I don't think it's too late
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