What can I do if I am the alleged victim in a felony domestic battery but I contacted the prosecutor to drop the charges and they recorded my conversation?

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What can I do if I am the alleged victim in a felony domestic battery but I contacted the prosecutor to drop the charges and they recorded my conversation?

I contacted the prosecuting attorney yesterday in regards to waiving prosecution in this case or at least plea for leniency for my boyfriend. The prosecutor put me on speaker phone and tried to bait me into saying anything incriminating against him, which I did not. Is it legal for the prosecutor to use that against my boyfriend? Also, aren’t they required to inform me that I am being recorded?

Asked on July 10, 2015 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It may have been illegal in Florida to tape you without your consent: Florida is what's called a "two-party consent" state (though that really should be "all party consent" state) and that means that a phone call may not be recorded unless everyone who is a party to the call consents (or unless there as court order--i.e. a warrant). The prosecutor is allowed to try to get you say things helpful to your case--to "bait" you, as you say--but recording the conversation may be improper and if the conversation were to be used against you or your boyfriend, it may be possible to get the conversation excluded on that basis.


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