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It is absolutely natural to want to reassure friends and family members that you’re innocent after you’ve been arrested. Unfortunately, doing so can be a big legal mistake. 

It turns out anything you say to your family members and friends, or on social media, can still be used against you. 

The Prosecution Can Force Friends and Family Members to Testify

While you can communicate with your therapist, your doctor, your confessor, your lawyer, or your spouse in a privileged way, the same isn’t true for all of your family members or friends. The moment you tell them anything, they become a witness.

This means that the prosecution can subpoena them and force them to testify against you on the stand. They’ll either have to tell the truth, because they’re under oath, or commit the crime of perjury to protect you. It’s not a very good position to put someone in. 

Keep in mind that there are even exceptions to your ability to have privileged communications with therapists, clergy members, and doctors. In a criminal case, the only communications that are sure to remain privileged are your communications with your attorney in situations where you and your attorney have a reasonable expectation of privacy. 

Spousal Privilege Isn’t Absolute

Sections 970, 971, and 980 of the California Evidence Code gives a spouse the right to avoid testifying against their spouse in a criminal trial, and protects them from having to disclose confidential communications with their spouse. 

Under the Federal Rules of Evidence, in a criminal case the prosecution cannot compel the defendant’s spouse to testify against them, so long as they’re currently married at the time of the prosecution. 

Yet exceptions exist, so be careful. A spouse can be forced to testify if you are thought to have married for the purposes of invoking the privilege, the crime is against the spouse or their family, the defendant is on trial for bigamy, or the crimes at issue are crimes of child neglect or spousal abandonment. Your spouse may also choose to waive their rights and testify voluntarily. 

What to Say When They Ask

One thing you can say is that you’re choosing to plead not guilty, but that your attorney has advised you to avoid saying anything else about your case. You it’s also okay to say, “I’m innocent, but I really can’t say anything more without threatening my ability to prove it.”

Then, change the subject. Once the case is completely over and done, you can fill in your family members and your friends should you choose to. 

Hire an Attorney Today

If you don’t already have an attorney to talk to about your case, finding one should be your very first priority.

Reach out to our office to schedule a case review today.

See also:

How to Help a Loved One Who Has Been Accused of a Crime in Los Angeles, CA

What to Do If You Get Arrested in Los Angeles, CA 

How Social Media Impacts Your Los Angeles, CA Criminal Case