Back when this blog first started, I used to do a late night snack post where I gave you just a little somethin’ somethin’ an I always used the Ben and Jerry’s photo.
Tonight, I just want to explain one of those things I HAVE EXPLAINED A MILLION TIMES.
It’s about the concept of spousal privelege and how it applies to people like Phaedra and Apollo.
Are you ready? Because a bunch of you think you know, but you don’t know.
First of all, Spousal Privilege is a legal PRIVELEGE. A privilege is a special right. It’s not a special gag order. Spousal privilege is a SPECIAL RIGHT that married people have where they CANNOT BE FORCED TO TESTIFY AGAINST THEIR SPOUSE.
The fact that they can’t be forced to testify lead you people to keep saying that Phaedra and Apollo are not going to divorce because of spousal privilege. That’s ridiculously stupid. The privilege means THEY CANNOT BE FORCED TO TESTIFY! People testify against their spouses all the time. Phaedra could have testified against Apollo if she wanted to. She chose not too. Apollo could have testified against Phaedra if he wanted to. He chose not to.
Both Phaedra and Apollo have spousal privilege which means IF one was aware of the other’s illegal activity, they don’t HAVE to say anything. This remains to be true through divorce or even death of the spouse.
Divorce changes nothing with respect to any criminal activity that may have occurred during a marriage. The privilege only covers events and conversations that occurred while they were married. But again, it just gives THE CHOICE not to testify if they don’t want to.
If both parties were complicit, they would not be as likely to testify in the first place. If a spouse enacts the privilege in court, that would mean the wanted to protect their spouse, or they were in on it or they were afraid to speak.
That did not and likely will not have any bearing on Apollo Nida’s case.
You are always free to testify against a spouse who is involved in a crime. It happens more often than not. Apollo did not incriminate Phaedra. Phaedra would never have been called to testify, because Apollo took a plea deal.
That’s some good snackin’ right there! I always feel smarter when I read your blog TT <3
I figured as much. A lot of people were making it sound like spousal privilege meant that you’re forbidden to testify against your spouse. That doesn’t make any sense at all.
I think Apollo and Phaedra are staying married, even though they probably hate each other, because they’ve got some sort of agreement. What that agreement could be, I have no clue.
When folks wrote the comment, “Phaedra won’t or can’t divorce Apollo” I thought it was because then Apollo might turn on Phaedra.
I will be happy to testify against my ex, probably in written form. The dumb should had treated my nicer.
Tamara I love you for this! Can we throw in that to most law abiding citizens (meaning everyone here?) actually consider being under oath exactly what it is, but to the criminals like we are speaking of its like asking the cousin to pass the gravy at thanksgiving. It’s nothing to lie, it’s what they do.
I honestly didn’t know that until I was in court with Sheree. Every word out of her mouth was perjury. Every single word. And when she thought her lies might get her in trouble, she backed up and gave a different lie.
I was FLOORED.
It was my first time in court as a litigant. I have high esteem for the law. And the FINAL judge she shopped for seemed to have compassion for her EVEN THOUGH SHE LIED HER ASS OFF and all three blogger defendants told the truth.
AND Sheree tried to CALL THE JUDGE to discuss her case.
Still the judge managed to give a ruling in our favor, but basically said we all needed to get jobs. Um, I am pretty she if you average our salaries we all make more than Sheree.
Um, Your Honor.
Criminals would never lie under oath!!! Yall listen to Tamara !!! I so love you for this post
Great. Now I want Ben & Jerry’s ice cream.
okay fo real though now im gonna go crazy lookin for this green tea hagen dazs because everytime i get sushi i like the green tea mochi and this prolly will be closest. thank you for sharing hunny!
What did you just write? English, please.
it was english??/
You can get green tea mochi at trader joe’s.
i will head there tomorrow for that thanks Rachel
Under federal law, there are two parts of spousal privilege- testimonial and communications. The testimonial part states that the spousal privilege only belongs to the spouse-witness, so a wife can testify against her husband if she wants to testify and he cannot stop her.
However, the communications privilege applies to BOTH spouses (witness and party) and can be used to prevent one spouse from testifying against the other. The communications privilege only applies if the couple STAYS married. So that’s why people are saying Phaedra and Apollo are staying married because of spousal privilege.
Incorrect. The communication privilege survives a divorce. And, btw, if the communication was made to plan or commit a crime, spousal privilege cannot be invoked.
Correct. No more late night posting for me. I meant to say the testimonial privilege only applies when married.
Just a quick thank you Tamara! I This is always my 1st stop & last stop of the day to get the tea of truth! I really enjoy your blog a lot & notice all the time & work it takes you! Its appreciated!!
I’ll have to comment on this later as its already 4;30 am & g/k’s always up by 7, UGH!
wow… awesome , very informative post. I had watched so many court tv during my maternity breaks that I felt, I am defense attorney Matlock’s assistant but have no clue what spousal priviledge actually means. thanks TT for the clarification
Can your next post like this please explain to people what the first amendment protecting free speech really means, please? It’s one of my biggest pet peeves, that people always want to talk about it but really have no concept of what it actually means. Thanks!
^^ yes.
I would venture to guess that Phaedra is waiting for the statute of limitations to run, too, so that if she makes Apollo mad, and he turns on her, it will be beyond the time when the statute runs — which for most non-violent crimes is 4 years.
Hey stranger! The SOL for fraud that is federal and at the huge level of Apollo’s and the Jersey #FelonsByBravo is 7 years.