Marriage is considered a sacred bond by many and when spouses are loyal to each other, their privacy is often respected. This holds true in many courts of law which make it quite difficult, if not impossible, to force spouses to testify against each other. Furthermore, in the state of New Jersey, any evidence of criminal behavior obtained through wire taping is not admissible in court if the defendant is sharing the news with his or her spouse.
Marital privilege gives spouses or civil union partners the right to refuse to testify against their mates. Currently, courts in state and federal governments recognize that spousal privilege is designed to protect martial relationships from harm, but it is equally as important for the courts to consider the harm that can be done if certain evidence is withheld in a criminal trial.
Marital privilege is not extended if one spouse is charged with a crime against the other spouse, or if either partner is charged with a crime against each other’s children. It also cannot be used if a person is asked to testify about events that happened before the couple was legally married. If someone is charged with human trafficking, the marital privilege will not be honored in court.
Currently, there is a proposal by some members of the New Jersey Senate and Assembly to create a crime-fraud exception to marital privilege, especially for cases that involve drugs or drug trafficking. Members feel that implementing this proposal will help block out criminal conspiracies created when claims to protect marital sanctity are used as smoke-screens to cover up criminal activities.
South Jersey Criminal Lawyers at Agre & St. John Defend Those Charged With Criminal Acts in New Jersey
If you have been charged with a crime, it is important to obtain representation with an experienced South Jersey criminal lawyer. The outcome of any criminal case can greatly affect the life of the defendant. Our dedicated team of South Jersey criminal lawyers at the Law Offices of Agre & St. John will work passionately to ensure that your rights are protected and that you receive the best representation available.
Our offices are conveniently located in Haddonfield, New Jersey, allowing us to defend individuals facing all types of criminal charges in South Jersey including those in Burlington County, Camden County including Cherry Hill, Gloucester County, Salem County and Cumberland County. To set up a consultation with one of our qualified criminal lawyers in South Jersey, call us at 856-428-7797 or contact us online.