Q: Can my wife's statement to the cops be used against me in court
A: In a criminal prosecution a wife can testify against the husband, there is not immunity for a criminal offense. The person would have to appear in court and testify in person. Please hire an experienced criminal defense attorney to represent you Sir! This is your best bet to make sure your rights are protected.
A:
Generally no.
"A spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic partnership." https://app.leg.wa.gov/RCW/default.aspx?cite=5.60.060
But there are certainly exceptions, so you should probably speak in private with an attorney about the specifics of your case.
A:
HI, are you confused yet? One attorney says yes and the other says no. I bet this has to do with the "evading" charge in another question from Spokane, posted at the same time as this one. I like Mr. Glisson's answer best because he quotes the Washington State Evidence code, and this is the same rule about spouses not being compelled to testify against each other that we have heard about in movies and stories and the law, for a long, long time. So the cops saw a vehicle that was "evading" being stopped, and ran the plate or VIN, they came up with your home number, called and your wife said she wasn't driving, that you were driving. Can that be used in Court? No, it is hearsay. (another evidence rule) and it is not your admission. Can they subpoena your wife to court to testify to this? Well, they can subpoena her but your attorney can block her from being called as a witness against you, based on the WA Evidence code that Mr. Glisson quotes. Just an opinion from a California Attorney.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
