I am charged with a domestic violence felony i am currently on probation for same exact charge from a year ago . The prosecutor has admitted to my wife the only evidence is my wifes her word or statement from police report so the want her to testify. She does not want to testify but was told if she refused it would be contempt . i believe without her the case can be beat ? Cant she assert spousal privileges? Or should she just pled the 5th to not subject herself to criminal charges? ( false police report) i guess this is a three part question.
Spousal privilege or pleading the fifth amendment may be options for your wife. But she needs to obtain advice from her own attorney. She likely will not be successful in exercising those options if she is not represented. Also, if you are advising her, the state may charge you with witness tampering.
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