Posted in Criminal Law on December 9, 2015I don’t want to testify against my spouse in his/her criminal case? That is a common statement made by many spouses in Maryland. Most common in assault or domestic violence cases. But we hear that in various other criminal prosecutions in Maryland. Can you be forced to testify against your spouse? The answer is generally: No. This doesn’t mean the case goes away or the State can’t overcome their burden before a Judge or jury. This only means the State does not have the spouse’s testimony to present as evidence. But they could offer other statements as evidence the spouse made a 911 phone call or provided a written statement.