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Is what you say to your spouse protected from disclosure?

On Behalf of | Sep 12, 2023 | Criminal Defense

When you’re charged with a serious criminal offense like murder, your future hangs in the balance. To try to avoid an outcome that lands you behind bars for years or even decades, you need to aggressively defend yourself. There are several ways to do this, which is why you’ll have to be comprehensive in your approach.

One issue that usually must be addressed in a violent crime case is incriminating statements made to other individuals. It’s best to avoid talking about the alleged crime to anyone but your attorney, otherwise those you speak to could be compelled to testify against you.

What about statements made to a spouse?

It’s natural to want to vent your frustrations and your fears to your spouse. Fortunately, these statements should be protected by spousal privilege. Here, statements made to your spouse can’t be used against you if the statements were made during the course of your legal valid marriage, the information was intended to be confidential between the spouses, and the information conveyed hasn’t been shared with a third-party.

To block your spouse from being compelled to testify against you, though, you’ll need to file a motion requesting that such testimony be disallowed. Be proactive here so that you can protect yourself as much as possible.

Are there other ways to block evidence in your homicide case?

There very well might be, and you need to explore every opportunity to find ways to diminish the prosecution’s case. Remember, your life is on the line, so you owe it to yourself to leave no stone unturned. If you want to learn more about what you can do to mount the best criminal defense possible in your case, then please continue to read up on your defense options and find answers to any lingering questions you might have.