Myrtle Beach, SC asked in Criminal Law and Federal Crimes for South Carolina

Q: Am I required to report information I have discovered that could affect the outcome of a federal criminal case

Suspect is indicted already & is my husband.

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1 Lawyer Answer
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: No, you are under no obligation to testify or inform the government of information in your possession unless you are under subpoena.

Even then, you cannot be forced by subpoena or the court to testify against your spouse, if you are legally married, as you and he have “spousal privilege.” We do not expect spouses to testify against the other, as a matter of public policy, as it would lead to a breakdown in a marriage and divorce. As such, you are immune from being forced to give information against your spouse, regardless of whether or not you have anything to give.

We hope this question helps you. We would still recommend that you consult an attorney and place one on retainer in case the government or its agents attempt to harass or compel you to tell them what you know.

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