In Maryland, the spousal privilege generally protects communications made between spouses during the marriage. However, the privilege may be affected by the timing of the marriage in relation to the offense.
If the spouses were not married at the time the offense was committed, the spousal privilege does not apply to communications that occurred before the marriage. This means that if a person committed an offense before marrying their spouse, they cannot invoke spousal privilege to protect communications related to that offense.
Here are a few key points about spousal privilege in Maryland:
- Communication Privilege: This protects communications made during the marriage. If the spouses were married after the alleged offense, these communications could potentially be disclosed.
- Testimonial Privilege: In Maryland, a spouse cannot be compelled to testify against their spouse in a criminal proceeding, but this only applies to marriages that exist at the time of the trial.
- Limitations: As pointed out, if the marriage occurred after the offense, this privilege may not apply to information or communications related to that offense.
If you are dealing with a specific case or situation regarding spousal privilege in Maryland, consulting with a qualified attorney can provide you with tailored legal advice.