What is the Spousal Confidential Communications Privilege?
This privilege applies to communications made during the time of marriage, in anticipation that it would be kept confidential. The spousal communications privilege: • Can only be used for communicated acts or words meant to be confidential • Does not require the couple be married at time of trial BUT they must have been married at the time the communications were made (i.e., divorce does not terminate this privilege) • Cannot be used if alleged crime is against spouse or their children or in suits between spouses Do I Need to Consult an Attorney about this Privilege? If you are accused of a crime, you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses and the complicated legal system. An experienced criminal defense lawyer can best assess your specific situation to determine if this privilege applies in your case. A family lawyer can also advise you of your privileges and rights in divorce proceedings and civil lawsuits. Consult a Lawye