You may have the urge to vent to someone you trust after receiving a criminal charge. This pushes you to explain your side and clear your name. However, there is a massive difference between a private conversation and a privileged one. Understanding this distinction can make a difference in your case.
Where the line is drawn between privacy and privilege
If you are thinking about sharing your charges with your friends and family, it is rarely a good idea. You may trust your inner circle, but a prosecutor can serve almost anyone you talk to with a subpoena. Since witnesses are under oath to tell the truth, this forces your loved ones to share what you have told them.
The scope of spousal privilege
In Montana, married couples have a shield against subpoenas. This spousal privilege means that one spouse cannot testify about communications during the marriage. This includes verbal conversations and electronic discussions.
This privilege applies to couples who are in a formal marriage and those in a valid common law marriage recognized by Montana law. However, this disappears if you commit a crime against your spouse or a child of either spouse.
The protection of the attorney-client privilege
Instead of venting to your loved ones, it would be better to share them with an attorney. Generally, a court cannot compel an attorney to testify about confidential communications unless you waive the privilege or a specific legal exception applies.
This law urges you to discuss your criminal charge with an attorney fully, even if there are parts that look bad. With your honesty, an attorney can build the strongest defense possible.
Proactive actions to safeguard your case
When facing a criminal charge, every word counts. Avoid posting about your case online, and assume that anyone you speak to is a potential witness.
Leaving your case to chance can put your future at risk. Seeking legal counsel is the best step to move forward.