My wife was having one of her bursts against me one time, and I recorded it on video without her permission to show it to a psych later to help me with her. In that video she said she will fabricate DV charges against me, and she will make the children hate me. A few month later she did what she promised to do, and called the police on me for Domestic violence.
Can this recording be used as a defense in the criminal case?
I disagree with my colleagues and strongly encourage your attorney to get this recording immediately to the prosecution to have the charges dismissed before the matter even goes to trial. Not only will it save you from attorney costs, but it will keep your fate from being decided by 12 people in a box. There are many exceptions to Penal Code Section 632. You have one of them. In Frio v. Superior Court (1988) 203 Cal.App.3d 1480, the Court of Appeal held that any testifying witness cannot use the exclusionary provisions of Penal Code §632 as a shield for perjury. “The repugnance of an opportunity for a witness who was recorded to lie in this situation is akin to the circumstance of a criminal defendant who testifies at variance with an earlier statement ruled inadmissible because of a violation of Miranda. Go get them and good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
You will have to consult an attorney if CA is a one party consent for recordings.
Your best course of action contact a local attorney, either by email or phone, who will protect you and your rights.
The best way to do this is by clicking on the find a lawyer tab on AVVO. Then find one that will offer a free consultation. This benefits you in two way, first and foremost you need to find an attorney who fits well with you and secondly to make sure that they are skilled enough to take on your case. The best case scenario is that you get your questions answered and you get a powerful attorney to help you if you need one.
Maybe. But you'll need a skilled and experienced attorney and even then, it might not be admissible. Good luck.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience--FREE CONSULTATIONS
As Mr. Finnecy advises, you will need a very skilled defense attorney to get this admitted. It might (emphasis on the word might) be okay for you to have made that recording if you were recording a statement that a person made concerning a crime. It is a crime to file a false police report. But without a doubt show it to your attorney and tell your attorney you used the video in therapy.
It all depends on how your attorney tries to get that recording in or it may back fire. The charges against you are serious and since there are children involve, the consequences may affect you for years to come. Do hire an attorney or seek a Public defender.
Get this video to your attorney, and have your attorney show the prosecutor.
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