Texas & U.S. Law Shield Forum

Uncategorized Boards => Ask the Lawyers => Topic started by: Balfy on September 20, 2017, 04:38:03 PM

Title: Spouse as a witness in dealing with law enforcement
Post by: Balfy on September 20, 2017, 04:38:03 PM
I have a good understanding of what I should do in dealing with law enforcement should there be a "incident". If my spouse should happen to be present, how should she handle questions from law enforcement? Also wait for TLC lawyer?
Title: Re: Spouse as a witness in dealing with law enforcement
Post by: TexasLawShield on September 29, 2017, 10:34:40 AM
Balfy,

If your wife is present during an incident, she is not required to give a statement to the police. Just like you, it may be in her best interest to refuse to give a statement at the scene. Even if she means well, she may give incorrect information or forget important details while her adrenaline is pumping after the incident. Even though it wasnít intentional, itís possible that law enforcement then uses these mistakes against you later on down the road.

That said, if you are charged with a crime, during trial a prosecutor can compel her to give a statement of the events she witnessed. While all your communication with her is privileged and she is not required to testify against you, the prosecution can promise her immunity and require her to testify about what she saw on the night of the incident.
Title: Re: Spouse as a witness in dealing with law enforcement
Post by: Balfy on October 08, 2017, 09:57:13 AM
Thank you for the information.