Skip to main content

Can some tape an argument u had with them without your consent, and use it as evidence in a restraining order court in Maryland?

Bowie, MD |

Can that person be sued for this if its allowed as evidence because Maryland has a two consent party law.

+ Read More

Attorney answers 2

Posted

Be sure to object to the admission of the tape recording as evidence in the Protection Order court proceeding. DURING YOUR OBJECTION IN THE COURT PROCEEDING, explain that this tape recording violates the law and cite to Maryland Courts And Judicial Proceedings section 10-402 and especially section 10-404. You must cite to this Maryland law. If you do not cite to this Maryland law during your voiced objection, then on appeal you might have difficulty proving why your objection should invalidate the admission of this tape recording as evidence. You should also have a motion to present In Limine. Before the proceedings start, tell the judge you wish to present a Motion In Limine, and then present the motion before the proceedings start, with your written reasons why the tape recording should not be admitted into evidence. Better yet, consult with an attorney, and have an attorney handle your court proceeding on your behalf with you at his side. Call me if you need further advice.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.

David Raymond Mahood

David Raymond Mahood

Posted

I must correct my citation, which should reference MD Courts And Judicial Proceedings section 10-405, not section 10-404. Sorry for the mistake.

Posted

I would immediately contact a lawyer (in person) to discuss this. Maryland has a very detailed "wiretap" statute governing conversations taped without consent.