Can They use that in court to try to convict the guy that she was accusing even though she never gave the police consent to record her. and she doesnt want to testify against the guy and the recording sounds like they were talking in the car when they were taking her down to the police station
Although it is typically illegal in California to record a confidential communication without a person's consent, law enforcement is exempt from this law. So unfortunately, the recording you've described would likely be admissible in court.
As is the case for many legal questions, the answer to this one is that it depends on the particular facts of the case. Depending on what was destroyed and the means of doing so, there are many felony offenses which could potentially be charged. On the other hand, there are misdemeanor offenses...Read more »
If you are served with a subpoena, you must testify if called as a witness, or you may be subject to prosecution for contempt of court. There are exceptions, however - - if your testimony may tend to incriminate you, as in it may tend to show you have committed a crime, then you have an absolute...Read more »
It may be necessary to get a court order, ordering the clerk of the court and the DOJ to make the appropriate corrections. You should consult a criminal lawyer who deals with post-conviction relief and probation modifications, and the lawyer can file a motion with the court requesting the order.
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