Sanford, FL asked in Criminal Law for Georgia

Q: A wife finds a video and her husband’s password Protected email account. Is that admissible in a criminal trial?

This is a criminal offense

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1 Lawyer Answer
Anthony Kozycki
Anthony Kozycki
  • Criminal Law Lawyer
  • Tucker, GA
  • Licensed in Georgia

A: There are specific protections that relate to married couples providing testimony against their spouse in criminal trails. From your question, it appears your are asking about evidence that was discovered by the spouse, and not necessarily testimony. It would be best to call an attorney to go over the specifics of the case.

Find below the law relating preventing one spouse from testifying against the other spouse.

O.C.G.A.§ 24-5-503 - Husband and wife as witnesses for and against each other in criminal proceedings

(a) A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.

(b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which:

(1) The husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged;

(2) The husband or wife is charged with a crime against his or her spouse;

(3) The husband or wife is charged with causing physical damage to property belonging to the husband and wife or to their separate property; or

(4) The alleged crime against his or her current spouse occurred prior to the lawful marriage of the husband and wife.

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