Can someone be recorded during an argument and and the video be used against them in court? 15 Answers as of May 28, 2013

Person did not know they were being recorded. Person threatened to destroy property if other person did not apologize. No property was damaged but there was a physical fight afterwards.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer better, but generally as long as one party to the conversation knows it is being recorded it is legal to record it. You should hire an attorney and disclose all the facts and circumstances.
Answer Applies to: New York
Replied: 1/3/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can use the tape. It is evidence of the crime.
Answer Applies to: Michigan
Replied: 12/23/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes, which you already know since everyone has a camera phone and everything appears on youtube.
Answer Applies to: Georgia
Replied: 12/20/2012
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Answer Applies to: Nevada
Replied: 5/28/2013
William L. Welch, III Attorney | William L. Welch, III
The problem is that whoever made the recording without the knowledge or consent of the person being recorded or without a court order for a wiretap probably violated Maryland's wiretap law. He or she would be risking prosecution by revealing the illegal recording.
Answer Applies to: Maryland
Replied: 12/20/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Depends on the law in the state where the recording took place. In CA, probably was a crime to record and may be inadmissible.
    Answer Applies to: California
    Replied: 12/19/2012
    Cook, Skeen & Robinson, LLC
    Cook, Skeen & Robinson, LLC | Shawn H. Robinson
    Yes, they can use a video in court. It sounds like the video would actually help you.
    Answer Applies to: Utah
    Replied: 12/19/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    In Utah, you do not need the other person's permission to record a conversation and therefore recordings can be used in court.
    Answer Applies to: Utah
    Replied: 12/19/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The video yes. The sound no unless they are informed of the recording.
    Answer Applies to: Washington
    Replied: 12/19/2012
    Giles & Giles | Lewis C. Giles
    Generally, yes. In Texas only one person in a conversation is required to know that they are being recorded.
    Answer Applies to: Texas
    Replied: 12/19/2012
    Hamblin Law Office | Sally Hamblin
    That would be up to attorney to argue evidence be admissible. Have authentication issues with a recording over video. It then depends if judge will allow.
    Answer Applies to: Michigan
    Replied: 12/19/2012
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