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Husband Wife Privilege

By claiming the husband - wife privilege, you can prevent your husband or wife from testifying against you in court. But there are important exceptions.

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[1]§ 90.504, Fla. Stat. (2017) (“A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.”).

[2] § 90.504(3)(a).

[3] § 90.504(3)(b).

[4] Id.

[5] § 90.504(3)(c).

[6] § 90.507.

[7] Id. For example, “if a person volunteers that his or her spouse may be questioned about his or her involvement in an event or events, this may equate to consent which constitutes a waiver.” Bolin v. State, 650 So.2d 21 (Fla. 1995).

[8] Profitt v. State, 315 So.2d 461, 464-65 (Fla. 1975)(citing Mercer v. State, 24 So. 154, 158 (Fla. 1898)).

[9] Id.

[10] § 741.211, Fla. Stat. (2017)(declaring common law marriages void).

[11] See U.S. v. White, 545 F.2d 1129 (8th Cir. 1976).

[12] State v. Norris, 352 So. 2d 875, 877 (Fla. 3d DCA 1977).

[13] State v. Stewartson, 443 So.2d 1074 (Fla. 5th DCA 1984).

[14] See § 90.504, Fla. Stat. (2017).

[15] Profitt v. State, 315 So.2d 461, 464-65 (Fla. 1975).

[16] Mosley v. State, 46 So. 3d 510, 524 (Fla. 2009).

[17] Proffitt v. State, 315 So. 2d 461, 465 (Fla. 1975), aff'd, 428 U.S. 242 (1976).

[18] State v. Grady, 811 So. 2d 829, 832–33 (Fla. 2d DCA 2002).

[19] Id.

[20] Id.

[21] Trammel v. United States, 445 U.S. 40, 52 n. 12 (1980).

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