He said he would stay if i made a letter for him , saying that i lied to the police , that i lied on the report. I was recording him all the time.
He said: you are going to write everything i say, and you are going to sign. You are going to write that you lied to the police. If you dont do that i will leave you right now. ''
then i said: but i can go to jail if i do that.
He said: ''i dont care, i will leave right now, you have to drop charges, and i will give you this letter back, i just need it to make sure the case will be dismissed.
So my question is, having this recording in hand, him blackmailing me, can i do something if he takes this letter to the police.
on the recording is obvious what he was doing, he was making me write something that wasnt true so he could get away.
Criminal Defense Attorney
Meet with a local criminal defense counsel in confidence to receive enough information on how to proceed.
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Criminal Defense Attorney
By secretly recording this conversation, you have violated General Laws chapter 272, section 99, commonly referred to as the wiretap statute. The wiretap statute makes it a felony to secretly record oral communications. You put yourself at risk of prosecution if you reveal that you secretly recorded this conversation.
In addition, the conversation you described in your posting assumes that your husband did hit you and you are not lying to the police. A person who hears this conversation may not have the same assumptions, and could in fact hold the opposite assumptions, ie that he did not hit you and you did lie to the police earlier. Under this different set of assumptions, the conversation looks less like witness intimidation and more like somebody urging somebody to tell the truth. Note that there is no admission by the husband in the conversation quoted in your posting that he hit you, and the fact that you begged him to stay further supports an interpretation of the recorded conversation that he may have been trying to get you to tell the truth by writing the letter.
Note also that he did not threaten to harm you physically if you did not write the letter, but only threatened to leave you. The crime commonly thought of as "blackmail" is actually the crime of extortion or attempted extortion. Extortion requires that the defendant maliciously threaten to accuse another of a crime or offense or threaten an injury to the person or property of another" in order to force somebody to do something he or she does not want to do. Threatening to leave a spouse is not a threat of accusing someone of a crime or a threat of physical or property damage. On the other hand, threatening the husband with the secret recording accusing him of committing the crime of witness intimidation if he leaves you could be construed an attempted extortion on your part.
You really need to sit down in person with a criminal defense attorney who can listen to the entire tape recording and get a full picture of the facts before you do anything.
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It appears you have a number of issues here, first of all if you are really being abused by your husband you should assistance for that especially if children are involved. Secondly, yes it is true that it is a crime to secretly record someone, for that you should consult an attorney in case your husband decides to report you. Thirdly, the letter itself may be seen as nothing more than his continuous abuse and control over you. Most importantly you should seek help for the domestic violence issues. Good Luck.
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Divorce / Separation Lawyer
I am in agreement with Attorney Pang, except on two points. First, I believe it is a misdemeanor. Secondly, you need to meet with a family law attorney (who may also have experience in criminal law) to discuss developing a safety plan if this person is abusing you.
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General Practice Lawyer
In MA it is illegal to secretly record conversations. So do not use the recording. You will have your chance to explain your letter in court and it's weight will be compromised as far as it helping your husband. Sounds like you need to get a PFA immediately if you dont have one already.