Legal Question in Criminal Law in California

My friends ex-wife is making false aligations, and now he has been charged with inflicting corpral punishment.I was the one she got into the phycal altercation with,only thing he did was break it up.On.the day she is aledging this happened ,she left a voice mail on his cell phone saying "i dont have a mark on me" ,and " you'r going to jail mother f'****'er" ,then finishing it up with "how did your girlfriend like that bite?" because she bit me. When we go to court can we use the voice mails to show shes lying .


Asked on 8/27/09, 11:45 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Absolutely. Those are gold. Make sure you save them and discuss it with your attorney so they know about these from the very beginning.

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Answered on 8/27/09, 11:47 am
Robert Marshall Law Office of Robert L, Marshall

I agree with Mr. Dane, and would just add a couple of notes...

It is extremely important to make sure these voicemail messages are not lost. Some cell phone companies erase your messages after a certain number of days. I can't tell you how many times a client has told me about helpful messages like this... then added that they weren't saved because he waited too long, he forgot to pay his bill so his account was canceled or something else along those lines.

I assume your friend has an attorney. Criminal defense is not a do-it-yourself project and your friend should be telling his lawyer about these voicemail messages right now. The attorney should have a private investigator who knows how to download these messages in a way that will preserve them to use later in court.

If he can't afford a lawyer, he should ask the judge to appoint the Public Defender to represent him.

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Answered on 8/27/09, 12:30 pm
Terry A. Nelson Nelson & Lawless

Yes, voice mails can be used, if done properly, and could be a good defense strategy along with other evidence and witnesses. If charged with a crime, you really should have an attorney represent you, unless you know how to effectively do so yourself, which is unlikely. If serious about getting counsel, feel free to contact me.

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Answered on 8/27/09, 1:54 pm


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