My husband was arrested for 2nd degree assault in which the officer stated was a misdemeanor. My husband tried to restrain me from leaving the house I yelled that I was going to call the police out of anger. My sons heard us arguing and one of them called the police (all were upstairs and did not witness the incident) and I did not have any physical injuries. The officer asked if I would like to press charges and I told him no, he then informed me that because my husband tried to restrain me that he was pressing charges on behalf of the state. Is it probable that the state prosecutor will drop the charges and can I claim spousal privilege so that I don’t have to testify against him?
I suggested spousal privilege after searching for similar circumstances. I have never used it nor had a reason to. I was also wondering about the process when he was taken into custody. He had to wait to see the commissioner, whom I was told would give him a court date. Does the commissioner have the authority to drop the case at that time? If not will I be contacted by the state prosecutor who will then determine if there is enough evidence to go to trial?
Have you used the spousal privilege previously? The fact that you know about it suggests that you may have used it previously. Spousal privilege protects you from being forced to testify against your spouse. However, you may only use it once.
You may be "forced to testify," but it sounds as if your testimony will not hurt your husband much.