What Kinds of Testimonial Privileges Do You Have in a Criminal Case?
Are there certain privileges that protect us from the testimony of others in a criminal law court? Although most individuals understand such basic rights as immunity from self-incrimination, it’s less common knowledge that laws exist to protect one from the testimony of others in specific circumstances. Our Miami criminal defense lawyers have tremendous success in dealing with matters pertaining to these privileges. These privileges vary according to state and federal laws respectively, although sometimes they are available under both. It’s usually the defendant or the attorney who invokes these privileges.
In these cases the defendant will usually object to testimony that could be prevented through official privileges. If you’d like to discuss the following privileges with a Miami criminal attorney, we may be able to use these in your specific case. Nonetheless, here are some of the possibilities for privileges available:
Although not Federally recognized under the Rules of Evidence in the same sense as under Florida law, this privilege allows patients to undergo medical services without the fear of legal repercussions.
Perhaps the most common, this privilege allows the client and attorney to keep a bond of confidentiality without legal ramifications.
Clergy Privilege and Religious Confession Privilege
Under federal law, individuals are protected from having information given in their religious confessions shared within a law court.
Marital Communications Privilege and Spousal Testimonial Privilege
These vary in nature and each apply to specific situations. Call a criminal lawyer in Miami for a private consultation if you feel this will be relevant to your case.
Spousal Testimonial Privilege operates on the grounds that a married couple needs to be considered as a single entity as per legal definition. Therefore, it stands to reason that such an entity cannot be expected to provide evidence on grounds of self-incrimination. This privilege is recognized in most states, and either husband or wife, or both can invoke this privilege. At the time of the trial, the marriage must however be intact. An exception exists where one spouse has been accused of harm to the other, or where children have been abused.
The marital communications privilege is different in that it makes provision for “confidential communications.” That is, rather than regarding the married couple immune from self-incrimination, it exempts confidential information from being considered in testimonies. This type of privilege would apply after a divorce, as long as the relevant information had been shared during marriage in a conversation deemed by both as confidential. This privilege applies to both criminal and civil cases.
Miami’s Criminal Defense Attorney
Should you require the most sound criminal defense to be offered in Miami, contact our criminal lawyer in Miami. We will defend your criminal case aggressively with our unparalleled experience. Let us put your mind at rest today by looking at any mitigating factors that are available for potentially reducing the charges you face or even possibly having them thrown out altogether. You need a Miami criminal defense lawyer who will make the most of your rights and privileges in court by defending them aggressively. Contact us today for strategic advice that will best protect your rights to a fair trial
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.
View more contact information here: Criminal Lawyer in Miami.