Legal Question in Criminal Law in Maryland
if two people are legally married and the husband is incarcerated can the telephone conversations be used during a trial?
Asked on 10/27/11, 8:01 am
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
Yes. "Jail calls" begin with a warning that they are recorded. Both parties are on notice that the conversation is not private. In addition, spousal privilege would only prevent the state from calling the wife as a witness, which the state would not need to do. Instead, the call would be entered in evidence as a business record.
Answered on 10/27/11, 8:16 am
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