Can the state use a recording of message left on an answering machine in court during a criminal case. If there is no record of who placed the call but simply by a victim saying they recognize the voice.
Not enough information is provided to answer with certainty. If you are the defendant, you should ask this question of your lawyer.
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Yes, if it is relevant and a proper foundation is in place. These are evidentiary concepts and as such they are dynamic to the environment. The trial judge will determine if and the extent of the admissibility of the voice recording. Complex questions require a complex analysis.
PLEASE DO NOT USE THIS RESPONSE as the reason to say or do anything regarding your case or situation. This answer/response is based on the information provided in your inquiry and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced local Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.
Not enough context. Voice recordings, if authenticated, can be admitted IF THEY ADVANCE ANY MATERIAL PROPOSITION in the case. We cannot tell a thing about the purpose of the recording from your question. The answers from the other two lawyers are correct. Unfortunately, we don't know how to apply the law to your facts because you don't give us any facts.
Sounds like a discretionary call for the trial judge, but I have seen evidence admitted often under those circumstances and qualified based on a single witness's recognition of the voice. If the trial court exercises its discretion to admit the recording, the admission of the evidence would probably be upheld on appeal. That is what "discretion" means: Whatever the trial judge decides will be upheld, so long as it is within the realm of reasonable judgment calls.
The answer, which is probably not the one you want to hear, is "maybe." If you've been charged with a crime, you need to hire a criminal defense attorney as soon as possible. These are not simple issues, they require experienced analysis.
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