Legal Question in Wills and Trusts in Georgia

What does this have to do with probate? Probate concerns the disposition of the land and personal property of dead people, not criminal probation/parole.

From your question, I assume you are asking about (1) criminal law issues concerning the violation of parole for drug trafficking; and (2) whether tape recorded conversations are admissible.

The answer to the first question is I don't know because a lot more information is needed. Your boyfriend/significant other/male relative/friend obviously was on parole because of a criminal conviction when he violated it by the instant criminal conduct. I don't know where the convictions occurred (if in Georgia or somewhere else) and I don't know what he was initially convicted of and I don't know any of the circumstances surrounding either crime. Whether he will do added or more jail time is going to depend on the crimes committed (and how they are sccored) and prior criminal histroy. Most states have sentencing guidelines of some kind and this guy will probably fall within the standard range, unless there are mitigating or aggravating factors. However, it does not look good to be on parole for one crime and already engaging in more criminal activity.

You need to speak with a criminal law attorney in the county/state where the criminal charges/convictions arose and ask an attorney.

Your second question involves wiretaps. If the police wiretapped the conversation, then they must comply with the rules. If this was done in violation of the rules, then the accused can file a motion to suppress the wiretaps if he/she is charged with a criminal offense and such evidence is not admissible. In some other context, both parties to the conversation must consent in order for the conversation to be admissible. Again, consult with a criminal law attorney if this is in regard to a criminal offense or with an attorney in the place where the evidence would be admitted if a trial were held. The relevant statutes are below if this is a purely Georgia case:

� 16-11-62. Eavesdropping, surveillance, or intercepting communication which invades privacy of another; divulging private message

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

(A) To use any device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

(C) To use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;

(3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;

(4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;

(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65;

(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or

(7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (6) of this Code section which invade the privacy of another.

� 16-11-64. Interception of wire or oral transmissions by law enforcement officers

(a) Application of part to law enforcement officers. Except only as provided in subsection (b) of this Code section, nothing in this part shall apply to a duly constituted law enforcement officer in the performance of his official duties in ferreting out offenders or suspected offenders of the law or in secretly watching a person suspected of violating the laws of the United States or of this state, or any subdivision thereof, for the purpose of apprehending such suspected violator.

(b) When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is defined in Code Section 16-11-60, and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement official shall act in compliance with the provisions provided for in this part.

(c) Upon written application, under oath, of the prosecuting attorney having jurisdiction over prosecution of the crime under investigation, or the Attorney General, made before a judge of superior court, said court may issue an investigation warrant permitting the use of such device, as defined in Code Section 16-11-60, for the surveillance of such person or place to the extent the same is consistent with and subject to the terms, conditions, and procedures provided for by Chapter 119 of Title 18 of the United States Code Annotated, as amended.

(d) Evidence obtained in conformity with this part shall be admissible only in the courts of this state having felony and misdemeanor jurisdiction.

(e) Defenses. A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this part or under any other law.

� 16-11-67. Admissibility of evidence obtained in violation of part

No evidence obtained in a manner which violates any of the provisions of this part shall be admissible in any court of this state except to prove violations of this part.

You posted in the part of law guru that deals with the probate of wills and estates, so the lawyers who see your post will likely not know about criminal law.

You may want to repost in the correct area, but you also need to add detailed facts as no one can answer without details.