Legal Question in Criminal Law in Florida

Privacy/Telephone Recording

In a divorce hearing, I am accused of falsifying court documents by my ex-husband, I provided all evidence to the judge of my innonence, included in my evidence was a phone conversation, consisting of 2 sentences. I did not advise the conversation was being recorded, however, I am using the recording to prove my innocence, not incriminate him. He now want to press charges stating I've committed a 3rd degree felony because I didn't tell him it was being recorded. Additionally, he has an extensive criminal history. Am I at risk for being prosecuted for this? What does the law state and what should I do? I have considered a restraining order and was advised by a lawyer to file one based on the events that have taken place. Please help. I don't want to go to jail, nor do I have the money for a lawyer. I have no criminal history.


Asked on 2/02/09, 7:11 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Privacy/Telephone Recording

You have violated Florida's anti-wiretapping law by recording the conversation without notice to him. He's right, it's a third-degree felony. Further, the judge is not permitted to consider the recording (he probably won't even listen to it) regarding your innocence. You should speak with a criminal lawyer immediately. If you are arrested, don't admit anything to the police.

If a lawyer told you to file an injunction ("restraining order"), then you probably should. They are free to file.

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Answered on 2/02/09, 12:29 pm


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