ive been accused of burglarizing my best friends house last month. she says there was a voice recorder in her house and my soon to be ex husband of course identified me on the recorder. i of couse was not the person that robbed her, but my husband is out to get as much trouble on me before we go to court. hes already continued one court date for stupid reasons. I just found out that the home owner is not coming to court because he does not believe that I am the one who did it. His girlfriend is the one that talks to my husband, and wants to proceed with the charges although she does not own the home. Will this case even hold up in court if the home owner is not present? Is it legal to bring a voice recorder to court without permission by the party being recorded? And also, my husband is coming to court with the girlfriend of the home owner, is it possible to have him escorted out of the court room seeing that it could jepordize any of our divorce proceedings?
2006-11-28 18:12:24 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
A whole lot depends on what state you live in, whether police reports were taken, and a lot more info than you gave us (as voluminous as it was). You do need a good lawyer. Good luck
2006-11-28 18:22:16 · answer #1 · answered by terri m 3 · 0⤊ 0⤋
The girlfriend can not press charges unless something of hers was burglarized. The homeowner or the person responsible for the property will have to press charges. But don't be a fool the girlfriend can persuade the homeowner. But so far you're good.
The soon to be ex-husband is not creditable. Once you've explain that you and him are going thru a nasty divorce, the judge will see why the husband is volunteering to identify you as the voice and he has something to gain in this fiasco. You're good.
2006-11-28 18:31:37 · answer #2 · answered by Vanessa 3 · 0⤊ 0⤋
I think that it would not go to court unless you are charged with the crime by the D.A. If you think any judge in the world is going to allow this kind of crap in their court room you are naive. Without a complaint from the home owner or a renter of that property, than I don't think it will hold up. You may want to just call an attorney for a free consultation over the phone. They can usually sum it up in about a 15 minute phone conversation.
2006-11-28 18:30:12 · answer #3 · answered by ? 2 · 0⤊ 0⤋
are u divorcing him ? Is he going to lose money to you? If it's not you on the tape the police or an investigator can find out. I seems that he may be trying to save his wallet from being raided in court. If you want no trouble , sign a legally binding statement that requires him to give up NONE of His possessions or money to You, or come to a legal agreement with Him on what he will give you. But all of you seem like tornado /trailer fodder , and trouble is abound . If you have children together this is one thing , if not ,Leave with what you have and start your Life as it seems you have not yet.
Its is unlawful to record your voice without your prior knowlegde.
2006-11-28 18:54:08 · answer #4 · answered by shyNquiet 4 · 1⤊ 0⤋
A. It doesn't matter what the girlfriend thinks. The home owner has the right to press charges. Unless she is his wife. In that case, you are screwed.
B. You can probably counter sue him for defamation of character. However, you will have to prove the intent (mens rea) and the action (actus reus)
P.S. Sorry to hear about your divorce. I hope you will find happiness in this.
2006-11-28 18:52:28 · answer #5 · answered by Kyle K 1 · 0⤊ 0⤋
The judge will certainly not allow this mockery, I assure you that when this idiot tries to talk about the voice recording, the Judge will tell them to shut up.__Nothing pisses divorce court Judges off more than when one party suddenly thinks that they are Magnum P.I. and believe they have just found the evidence that justifies their idiocy.
Just be respectful and do not open your mouth during court unless and until he/she (THE JUDGE) asks you to speak!!!!
2006-11-28 18:57:33 · answer #6 · answered by Infomaniac 2 · 0⤊ 0⤋
you need to get a lawyer that can eloquently say that these people are full of crap and if indeed that the person on the tape is not you then by all means let him play it to the judge or jury and exonerate yourself and have your soon to be former husband brought up on false reporting charges.
2006-11-28 18:27:31 · answer #7 · answered by roncho 4 · 1⤊ 0⤋
my god you need to get out of this situation immediately. Go to court and sort this out and then cut these people off, move away and start a fresh life!!! You deserve happiness and you wont get it if you are near these LOSERS.
2006-11-28 18:16:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
hey sweets....do you have a lawyer?...if not I suggest you get one?..rather soon....
2006-11-28 18:16:09 · answer #9 · answered by dorianalways 4 · 0⤊ 0⤋