Hagerstown, MD asked in Criminal Law for Maryland

Q: Can my ex-husband post an audio recording and court trial on Facebook and Youtube? I had no idea I was being recorded.

My ex-husband recorded phone conversations and our court trial and posted them on Facebook and Youtube. The court trial contains my address and other personal information for anyone to hear now. He was already ruled not to stalk me. Can I legally do anything about this? I had no knowledge of being recorded either time.

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2 Lawyer Answers
Eric Todd Kirk
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Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: There are potentially several criminal violations here as well as violations of local court administrative orders regarding the use of recording equipment in courtrooms. You should consult the State's Attorney's office. There also might be way to seek injunctive relief through the civil courts directing that these things be taken down. In that regard you should immediately consult with a seasoned civil attorney.

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
Answered
  • Criminal Law Lawyer
  • Glen Burnie, MD
  • Licensed in Maryland

A: Usually not and there could be criminal charges that emanate from this. For example, I had a case where my client was alleged to have recorded with secret recording glasses part of the bail proceeding from where the public is not normally permitted. He was charged criminally for his actions. Also you can get into the possibility of a wiretap charge. There are situations where this COULD be permissable, but I know of no court, state or federal in Maryland that permits cameras or phones not turned off in the courtroom while proceedings are ongoing. You would need a specific order to allow such, which is very unlikely.

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