335) Can I Secretly Record a Conversation to use as Evidence in FL? #HaberPA Criminal Defense Lawyer
Channel: Michael Haber
Date: 2019-05-25

Thanks for asking me “Can I Secretly Record a Conversation to use as Evidence in FL?”

So you’re involved in a court case, it doesn’t matter what kind, take your pick.  Maybe you’re a criminal defendant who was set up by someone else; or perhaps you’re a litigant in a child custody case; or you might be a victim of blackmail by some nefarious character.  No matter what the case, you’ve got in your mind that if you can just get the other person talking then you can secure evidence, on tape, of them admitting their wrongdoing.  Maybe you get the person who set you up to taunt and laugh at you about how you were fingered for their crime; or perhaps you can get your co-parent to admit that they lied to get custody of your child; or perchance your extortionist affirms their criminal intent to get you to “pay up, or else”...

In each and every one of these circumstances your covert recording will likely be inadmissible as evidence against anyone... except you.  Yes you. Your secret recording likely violates FS 934.03, FL’s wiretapping / electronic eavesdropping and “interception and disclosure of wire, oral, or electronic communications” law.  It’s a 3rd degree felony punishable by up to 5 years in state prison, 5 years probation, a $5,000.00 fine and a permanent criminal conviction, and again, it matters not how virtuous or honorable your motives in making the recording were... all that matters is that you didn’t secure informed consent before you surreptitiously recorded an otherwise private conversation in FL.

To make matters worse, not only can you be arrested, prosecuted and incarcerated, but you can also be sued in civil court for damages.  

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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