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You do not have to testify in any criminal case where your spouse
(husband or wife) is the defendant, even if you have been subpoenaed,
assuming you are still validly married. This is called SPOUSE
PRIVILEGE. the privilege not to testify belongs to the
witness-spouse, not the defendant-spouse. In other words, if you
are the defendant, you cannot prevent your spouse from testifying
against you: the decision to testify or not is your spouse's.
If your spouse is the defendant, you may make the decision
about whether you want to testify.
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