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Can a prosecuting attorney in michigan legally blackmail me with an illegally obtained audio recording?

Criminal Defense 4 views 3 answers
I am currently going through a court preceeding because CPS wants inhome jurisdiction of my children to make me comply. I refuse to willingly give it to them and when they were told by my lawyer that we were going to trial, my lawyer was givin a disc said to have a recording between me and another person at my home over a month ago and was recorded by the cps worker after a phone conversation between her and i and i supposedly didnt hang the phone up. The say if i dont plead no contest they will pick up criminal charges based on this said recording. I thought that this was blackmail also with false evidence. but how can i prove that? Also i didnt think that it was legal for a conversation between me and another person could legally be recorded by 3rd party without our knowledge, is it

Attorney Answers

3
hannon Marie SmithCriminal Defense AttorneyBloomfield Hills, MI ·
If you do not have a skilled attorney--find one. If the content of the tape recording their only evidence, a motion to suppress is necessary if it was illegally obtained. You are right that third parties cannot legally tape the conversation they are not a party to. However, if you failed to hang up the phone before you started talking, it might be trickier. You do have the right to a jury for the jurisdiction portion of the case. A lawyer would need more information to help you further though -- i.e. are they seeking jurisdiction and termination? Or just jurisdiction to do a temporary wardship? Good luck, Shannon Smith www.defendingsexcrimes.com
0 upvotes
Ezra Goldman ·
Please see my answer to the first time you posted this question. And I know you are not a serial reposter but people do it alot so I will ask you -- please only post your question once.
0 upvotes
Barry Poulson ·
I am not sure I see how prosecutor making threats could be considered blackmail - he was not trying to extort money from you, for example. Prosecutors and CPS make threats, including the threat of taking children to force testimony. Very wrong - very common. I agree with Shannon Smith that there are issues as to the recording. One way to argue is that there was simply a continuation of the call. You have a reasonable expectation of privacy, and the "off-hook" was not intentional. You may not be aware of the fact that a telephone can be remotely activated to become a recording device even if it is "on hook," but that would require a warrant. Strategic decisions about jurisdiction in child neglect / abuse cases are complex. You have the right to retain counsel.
0 upvotes

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