Legal Question in Criminal Law in California

I have an employee, who is going through a fight with CPS in the state of CA in Sacramento area. The CPS worker has been so abusive to her, that she decided to tape one of their phone conversations. Yesterday in court, based on her lawyer's advise, they played the tape in court, but the judge said that this was taped without her knowledge, it is a felony and they arrested her, he even told her that this is your third and you won't get out, (first and second felony charges were child endangerment, making terroristic remarks to the child, which are blown' way out of proportion). Can they do this? do you have any recommended lawyers that can help her?


Asked on 8/11/10, 8:58 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I wouldn't recommend the lawyer who told her to play the tape she made which proved to a judge that she committed a felony. I hope their is an intent to file a complaint about that attorney with the State Bar for a gross lack of competence. (Which does not surprise me with an attorney in dependency court.)

Your employee is going to need to get a criminal defense attorney. If she cannot afford one, she needs to ask the court to appoint a public defender. She needs to make sure that the attorney understands that this case involves not only criminal law, but juvenile dependency law.

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Answered on 8/16/10, 11:20 am
Terry A. Nelson Nelson & Lawless

"Can they?" Well, they did didn't they?! Yes, improper taping is both a state and federal felony, as the judge explained. She needs a good criminal defense attorney, immediately. If she has 'prior Strikes' as indicated, she faces 25-Life if convicted of a third felony. Any argument and claims about the prior charges being 'blown out of proportion' should have been made in those prior proceedings, and are irrelevant in this one. If she is in SoCal, and is serious about hiring counsel, feel free to contact me. If she can't afford private counsel, apply to the Public Defender.

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Answered on 8/16/10, 12:44 pm


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