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How do I get a voicemail entered into evidence in a criminal case?
Anonymous9 views2 answers
I have a violation of an harassment order. The person who filed the order filed a motion to dismiss and two weeks later it was.
In between this, she filed a violation of this order and now the state is prosecuting me. She originally told me that the order was dismissed and called me the next day with "Im...love you baby" then three days later she is at the police station violating me. How can I get that voice mail in the fortmat that the court will accept?
A violation of a restraining order is a Misdemeanor which is punishabvle by up to 90 days in jail and a $1000 fine. It is not a defense that the person who sought the restraining order subsequently dismissed it if the violation occurred while the restraining order was still in place.
Moreover, a restraining order only precludes the person who is the subject of the restraining order from contacting the other party. It does not preclude the person that sought the restraining order from contacting the person who is subject to it. Certainly, that can be raised as a mitigating issue, but it is not a defense.
You should have aggressive representation in such matters to preserve your record. For a FREE consultation call 612.240.8005.
Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
As a Minneapolis criminal lawyer who has been handling domestic criminal cases for over 21 years, I am well familiar with the situation. There are things that an accused person can do, legally and on a personal level, which can help in these situations - however, cannot be well discussed in this format.
If the only witness for the prosecution will not cooperate with the prosecution, of their own free will, then the prosecution will generally fail or be severely handicapped. Even when that situation arises, it is best to have a good criminal lawyer to help put an end to it.
As for admitting a voice mail message into evidence at a trial, there may be more than one way to lay foundation but one way would be to play the recording for a witness and ask them if they left the message, or recieved it, know the voice, how they know it, then offer the recording into evidence - the recording itself or a transcript of it. Most court will want a transcript prepared ahead of time. It still would have to pass muster under the other rules of evidence - such a materiality, relevenance, etc.
