Cincinnati, OH asked in Criminal Law for Kentucky

Q: My husband was arrested for wanton endangerment,will I be force to testify against him?Can I refuse 504 or plead the 5th

He bumped my vehicle with his. I didn't want to press charges but the state picked it up. Do I have to testify if I don't want to?

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2 Lawyer Answers
Brent Cox
Brent Cox
Answered
  • Criminal Law Lawyer
  • Lexington, KY
  • Licensed in Kentucky

A: In Kentucky, there is a privilege to not not have your spouse testify. You must have been married before the incident in question and still be married the time you would be called to testify. Consult your attorney about all the details to spousal privilege. Good luck.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: If the matter involves domestic violence, you may not be able to use the spousal privilege but you can always take the fifth. If the charges do not involve domestic violence, then you cannot be forced to testify against him.

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