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Is Communication between a victim and Prosecution considered privilege?

San Diego, CA |

The defense is requesting all communication between the prosecutor and I. This is a civil case where I was a rape victim. The defendant was charged and plead guilty in the criminal case.

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Attorney answers 4


No, it is not. The defense is entitled to have your statements because the prosecution has an obligation to turn over evidence that could be favorable to the defense or goes towards innocence/guilt. If the information is irrelevant to the criminal action, it may not be turned over, but if it relates to the crime, it probably will be.

Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.


The communication in the criminal case is not privileged in the civil case.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.


No, it is not privileged communication because the deputy district attorney is not the victim's attorney, so there is no attorney-client relationship.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.



Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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