my brother committed assault and battery against me, he actually tried to kill me by choking me.....my mother and our therapist who were both witnesses did not indicate to the police officer that I was the one attacked, so the prosecutor declined to charge him....my mother agrees that he attacked me, but said she was in shock at the time...can i attempt to record a confession in secret if we both talk to him???.......I know that california requires all parties to give consent......we will also do it in public, at his church
Have the police get involved and record the conversation with you. You cannot do it on your own!
"my mother and our therapist who were both witnesses did not indicate to the police officer that I was the one attacked" why is this? why? You have witnesses and did not report this? Why? You need to consider making a full report. Do not commit a crime (recording) to stop a crime. Let the police handle it after you have made a report.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
A church is not a public place for the purposes of recording someone. You cannot record a person if they have a reasonable expectation of privacy. Unless they consent.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
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