Hello, my son was arrested recently for a serious crime which he as admitted to me that he did. I told him that he should get a lawyer and not confess because the state has to prove he did it anyway and they might not be able to. This was a theft case where their really isn't a lot of evidence. My son, who is mentally delayed, is worried because he confessed to our priest that he took the stuff and now thinks the priest might testify against him. But I thought that a priest could not be forced to testify against someone because of what they said in confession. Is that the law in Massachusetts? Thank you for your time.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Priest penitent privilege in MA
You are giving your son excellent advice, both about getting a lawyer and about the priest-penitent privilege, which is still alive and well in Massachusetts. Massachusetts General Laws Chapter 233, Section 20A prevents a priest, rabbi, or minister from disclosing confessions made to him "in his professional character" by members of the church, synagogue, or congregation. Section 20A also specifically prohibits clergy from testifying regarding "any communication made to him by any person in seeking religious or spiritual advice or comfort." This privilege can only be waived by the person who shared the information with the clergy. Hope all that helps.
Back to your son. I don't know what he stole, but depending on the nature of the crime and your son's criminal history, or lack thereof, this seems like the type of case that an experienced criminal defense attorney should be able to resolve fairly easily, without adverse consequence to your son. Good luck.