Q: Am I obligated to comply with DCFS in a child welfare case if I have not been through the mediation process yet?
I was the victim of domestic violence and my husband told the police I abused drugs after he physically attacked me in an effort to take the attention off himself. Prior to the argument I had told him that I had used a week prior thinking that it was a priviged cinversation. Can I argue that it was privileged and that anything said as a result is in admissable. I have no history of drug abuse and barely even a ciminal history and Im a veteran. I was also not told I had a right not to incriminate myself I was in still in shock and felt I was forced into admitting it
A: There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or her spouse" and is "not intended for disclosure to any other person." The privilege against self-incrimination is protected under the Fifth Amendment to the U.S. Constitution.
More information is likely needed based on the facts of the case. You might consider contacting a private lawyer in Utah.
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