“Privileges” are statutory creations which entitle you NOT to answer questions, under oath or otherwise, in the criminal context. Although some are scattered about they are mostly contained in the evidence code (Chapter 90 of the Florida Statutes). The most common examples of privilege in Florida are 1) attorney-client, 2) accountant-client, 3) psychotherapist- patient, 4) spousal, 5) clergy, 6) accident report and 7) “The 5th”.
When you invoke a privilege then you are challenging the asker’s ability to command an answer. This can happen with a cop (on the street or at the station), in a deposition, during a hearing or a motion or at a trial, and it may be during questioning under oath or not. In such an event the asked will have to decide whether to let it go or seek to compel an answer by filing a motion with the Judge, who will then have to conduct an evidentiary hearing and determine whether or not the privilege applies to the circumstances.
This Webisode is merely a generic explanation of the concept of privilege and I plan to dedicate future Webisodes to each of those that are outlined above. In the meantime, if you have a question about a privilege then please consult with an attorney (which itself will be a privileged discussion).
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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