Legal Question in Criminal Law in Florida

doesa mother have to testify against her own son on hear say?Does a mother have

Does a mother have to testify against her own son on hear say? On christamas of 2004 we recieved a call sayingt ''mike '' was seen exiting a window of a house, we thought it was thecousins starting stuff being they knew hewas out of prision so mikes mom called the copws to end all the so called bull. turns out the house was robbed. any ways now his mothers being called in to court to testify on hear say, does she have to incriminate her son on hear say?


Asked on 2/12/05, 1:43 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: doesa mother have to testify against her own son on hear say?Does a mother h

there is no mother/son privilege, so if subpoened to testify she would have to say what she knows. however, unless she actually saw something she would not be called as a witness. if the mother is merely repeating something she was told her testimony is inadmissable hearsay. if the son confessed to her, she would have to testify. i cant tell from your question if the mother has actual knowledge or just heard a story through the grapevine. gossip is not evidence.

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Answered on 2/12/05, 5:52 pm


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