Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?

Question

My husband was helping move out a bed from a neighbor a few townehomes down. He backed into a neighbors car while it was parked. The lady came out as it was on her ring camera and called the cops. My husband got out of his truck and apologized as he felt so bad to do that to our neighbor of almost 7 years. She called the cops anyway. He was not in the vehicle nor were he’s keys when they arrived. I told him to go inside and drink as advised from a dui years ago. The cop threatened to arrest me if I didn’t tell her what I said on the ring camera. So I asked if I said say anything and if I I needed a lawyer. She said why would you not say anything and need a lawyer. I was scared and talked about my husband. He came outside and passed the sobriety field test. They arrested him anyway based on the camera footage and what I said. Can what I said be used in court? I will not testify against him. We are in Frederick County VA. Thank you so much

David G. Parker · Answer

Statements you provided to the officer are inadmissible hearsay unless they are subject to a hearsay exception (unlikely, based on what you described in your question). Additionally, you have marital privilege and cannot be compelled to testify against him. So it is most likely inadmissible and won't be used at trial as evidence against your husband. The prosecution may still have other evidence they feel is sufficient to convict your husband. His attorney (if he gets one) should be able to assess the strength of their case and advise your husband accordingly. Good luck to you both.

James L. Arrasmith · Answer

What you said on the body camera while intoxicated could potentially be used in court, especially if the statements you made were voluntary and not coerced. Even though you may refuse to testify against your husband, the statements you made on camera can be presented as evidence. The key issue is whether you were informed of your rights and whether your statements were made voluntarily. 
 
It's crucial to understand that anything said to law enforcement can be used in legal proceedings, and this includes statements made on body camera footage. Your husband's case may involve questions about whether the evidence was obtained legally and whether it can be challenged in court. 
 
Given the complexity of the situation, it's important to seek legal advice to explore the best course of action. You and your husband should consider discussing the details with an attorney who can provide guidance tailored to your specific circumstances. This can help ensure your rights are protected throughout the legal process.

Q: Can what I said to a on body camera while I was intoxicated/ threatened to be arrested be used in court against husband?