Legal Question in Criminal Law in California

False Accusations

Situation:

Spouse makes false domestic violence claim, produces photos and other threatening evidence. Files restraining order, divorce and no custody. Criminal charges are pending.

Question:

1) If I can get a confession on tape, can that be used to dismiss all charges against me? I've read that in CA, recordings cannot be used.

2) Assuming the answer to #1 is yes, will charges be brought up against her automatically for perjury and providing false evidence?


Asked on 11/06/08, 3:06 am

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

Re: False Accusations

Recording a private conversation without the informed consent of all parties is a crime. You would not be able to use the recording against your ex. If you are prosecuted for making the recording, it will be admissible against you in that case.

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Answered on 11/06/08, 3:05 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: False Accusations

What you are suggesting is not the way to go about beating your case. You are likely to get yourself in a bigger trouble.

There are other ways to beat a domestic violence case, which you certainly want to fight the best you can. Get a good lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/09/08, 4:40 pm


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