Whittier, CA asked in Criminal Law, Civil Litigation and Civil Rights for California

Q: Hi I need to know if I am able to record a in person conversation in California with out their consent.

The person we are talking to is a lawyer who will leave California without giving us our money.

2 Lawyer Answers
William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Generally, it is illegal under

California Penal Code section 632.  But there is an exception:

633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, or a violation of Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, a violation of Section 653m, or any crime in connection therewith.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • Brooklyn, NY
  • Licensed in California

A: No, consent is required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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