Spousal Privilege
What does the law say?
A. A communication is confidential for purposes of this section if it is made privately by any person to the person’s spouse and is not intended for disclosure to any other person.
B. An accused in a criminal proceeding has a privilege to prevent the spouse of the accused from testifying as to any confidential communication between the accused and the spouse.
C. The privilege may be claimed by the accused or by the spouse on behalf of the accused. The authority of the spouse to do so is presumed.
D. There is no privilege under this section in a proceeding in which one spouse is charged with a crime against the person or property of:
1. The other;
2. A child of either;
3. A person residing in the household of either; or
4. A third person when the crime is committed in the course of committing a crime against any other person named in this section.
What are the exceptions?
As described above, there are certain circumstances where spousal privilege does not apply. This is particularly true in cases of domestic violence or cases involving the neglect or abuse of children in the household. If you have been accused of harming your spouse or children, then you do not have the right to prevent your spouse from testifying against you as you would if you happened to tell your spouse that you smuggled drugs or tried to shoot someone. Seek out the best attorney who can put up a zealous defense and protect your future. Call us today!
Legal Concerns?
Stay safe and stay silent. Don’t make a statement to police. You have the right to defense and you should always take full advantage of that right. Even with the best intentions and honesty, your words can still be used against you. Without proper representation, the police can set you up for failure that could cause lots of inconvenience and unnecessary aggravation. Let us set you up for success!
If you have been accused of a crime and the State is attempting to get your spouse to testify against you, be sure to contact the aggressive and compassionate attorneys at Boeheim Freeman Law, who will fight for you and your rights!
Litigation Expertise
The best criminal lawyers will tear apart the credibility and reliability of the State’s witnesses. We investigate thoroughly any motivation that a witness might have to lie or deceive. Our attorneys are well trained in cross-examination techniques and can expertly maneuver around a witness and trap them in their lies and misconceptions. We will get the truth and vigorously defend you. You need an attorney who not only knows the law, but knows how to argue it effectively. Let Boeheim Freeman Law’s expertise and training go to work for you.