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Jack R.
Jack R., Lawyer
Category: Criminal Law
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Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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My wife is blackmailing me in the state of Virginia, with confidential

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My wife is blackmailing me in the state of Virginia, with confidential information, audiotape and video obtained during our marriage {without my consent} greater than 3 years ago. It documents each of us engaging in an illeagle activity. She has threatened to post the information on you tube and facebook. She has threatened to come to my office and show the private data, in an attempt to destroy my reputation and medical practice. She coerced me to sign a seperation agreement giving vher 60% of my salary for life or she will destroy me. She lives in a nice condo and allof my money goes to pay her bills and for food. I am homeless and sleeping at my office. Most days I feel paralyzed, no matter what I do she is not satisfied. The threats have escalated to the point where she is going to the District Attorney, to confess her illeagle activities and my involvement as an accessory, albeit unwillingly. This is an attempt to put us both in jail? I have several questions. 1. What part of these events is covered by spousal privelege. 2. Is taping these events without permission legal? 3. If these allegeds illeagle events occured in the past, can you be accused for them now? 4. Any general suggestions

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1. communications between husband and wife are privileged and cannot be disclosed. The privilege against testifying to acts, or observed behavior can be waived by a spouse of former spouse. This is described in the Virginia Code § 19.2-271.2. Testimony of husband and wife in criminal cases.

2. recording video may or may not be permitted. In general video recording WITHOUT AUDIO is permitted. However,Virginia Code §18.2-386.1 makes it a crime to videotape, photograph or film a non-consenting person who is totally nude or clad in undergarments, or in a state of undress, so as to expose that person's private parts and the circumstances are such that person has a reasonable expectation of privacy. So it depends on what you were or were not wearing.

3. There is a statue of limitations which is crime dependent. Since this is a public forum you do not want to disclose those acts in a response here. The statute of limitation for crimes is included in VA Code Ann. § 19.2-8.

See DANGEROUS URL REMOVED?000+cod+19.2-8

4. I don't know the severity of the crimes. You would be advised to contact a criminal attorney now just in case your ex wife follows through. You may also raise the specter of your ex not only facing jail time for the criminal acts, but for blackmail or extortion as well.

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