Legal Question in Criminal Law in California

in help of an answer

if i were to record a phone conversation between myself and the person that is trying to press charges on me... would that be illegal. by me doing this is just out of protecting myself... i wanted to use this phone conversation as hard evidence... please give me an answer on weather this is legal or not thank you for your help


Asked on 11/20/08, 9:05 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: in help of an answer

Recording a telephone conversation without the knowledge and consent of all parties is a crime. Additionally, such a recording would be inadmissible for any purpose *except* in the prosecution of the person who made it.

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Answered on 11/20/08, 9:21 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: in help of an answer

Unfortunately for you, this is explicitly prohibited by Penal Code Sec. 631. If you do this, get cuaght and are prosecuted, you could face a fine up to $2,500 or imprisonment for up to a year or both. You would be making an already tough situation worse for yourself. In short, don't do it.

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Answered on 11/20/08, 9:38 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: in help of an answer

The other problem is, aside from the illegality and inadmissibility of recording telephone conversations where both parties are in California, is the risk that whatever she says won't be the smoking-gun evidence you think it is. Usually this type of evidence is underwhelming at best.

Hire a private investigator if you can; if she is falsely accusing you, maybe the investigator can find a legal way to bring this fact to light.

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Answered on 11/20/08, 11:40 pm


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