Moultrie, GA asked in Criminal Law for Georgia

Q: Can I be forced to testify against my husband on a burglary case predating our marriage?

These charges go back to 2014 and he’s now going to court next week. He did 7 years prison time since then for another county, and the county who initially charged him put a failure to appear on him while he was in prison. He put in production orders and they never came and got him for court. He also did 10 months in the Lee Co jail that they are not crediting him. Hoping for some good advice. He is seeking new counsel.

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1 Lawyer Answer
Morris  Margulis
Morris Margulis
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: Georgia's marital privilege is laid out in OCGA § 24-5-503.

It doesn't sound like you can be compelled to testify against him, based on what you've said above.

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