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How many times are you allowed to use the wife waiver?

Question Details:My husband has two cases pending against him and the attorneys and detectives are asking me questions. They said that they would charge me if I don't cooperate because they said Iam holding back information, and I'm the only one who can give them the information that they need.

Asked 2 years ago under Criminal Defense | 631 Views | More Legal Topics

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B. B., Member, New Jersey Bar | FreeAdvice Contributing Attorney Answered 2 years ago

There's a very simple rule of thumb that applies here:  if the police are threatening to charge you with a crime, you need to have a lawyer.  You can't get into the details of the case here, because it's not protected by attorney-client confidence, and without all the details, especially the difficult ones, a lawyer can't give you reliable advice.

The law lets you refuse to tell the police about private husband-wife conversations, as many times as they ask you about them, as long as the charges against your husband aren't for something he's said to have done to you, or the children of either of you, or you or your children's property.

If the police are asking about facts other than what your husband might have said, you're on thinner ice, and you really need to hire and talk to an attorney as soon as possible.

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