Spokane, WA asked in Criminal Law for Washington

Q: Can my wife's statement to the cops be used against me in court

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3 Lawyer Answers
Patrick Owen Earl
Patrick Owen Earl
Answered
  • Criminal Law Lawyer
  • Moses Lake, WA
  • Licensed in Washington

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.

Stan Glisson
Stan Glisson
Answered
  • Criminal Law Lawyer
  • Port Orchard, WA
  • Licensed in Washington

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.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA

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.

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