Can I legally record my conversation with a prosecutor before arraignment?

UPDATED: Aug 16, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 16, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I legally record my conversation with a prosecutor before arraignment?

The conversation will be held in the courtroom without judge and before arraignment begins. Would that conversation be considered in or out of public view?

Asked on August 16, 2015 under Criminal Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It appears that you *may* be able to do this:

1) Fortunately for you, your state is what's called a "one-party consent" state. That means that as a general matter, if one party to (one person in) a conversation agrees to the recording, it is legal; and if you are talking to the prosecutor, you are a party to that conversation and if you "agree" to the recording, it is not a violation of the wiretapping and related statutes.

2) However, many courthouses prohibit the use of any audio recording in the courthouse--not just during trial, but anywhere in the courthouse--without the court's permission. If that is the case in your courthouse (and generally, if this is the case, they'll have a sign up to that effect at the entrances; or you can ask one of the sheriff's or court officer's), then you cannot record the prosecutor at a courthouse meeting, even if you could record him if you'd met, for example, at your home or in his office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption