Waxahachie, TX asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for Texas

Q: Is Texas a one party consent law for recorded phone conversations? Is this admissible in court?

I need a lawyer for juvenile son with disability. He has been the victim of malicious prosecution

No summons to appear

Detained 17 days proper protocol not followed for suicide watch

Denied medication

“Sentenced” without lawyer

Received “deferred prosecution” for 1st degree felony

None of this entered into central database

2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: For the purposes of adult criminal law, introducing the recordings will require a witness who is acquainted with the voice of the speakers and can identify them. The witness should be able to establish who made the recording, how it was made, that it is a fair and accurate representation of what was said with no alterations or deletions. See Rule 901 generally and specifically Rule 901(b)(5) of the Texas rules of evidence.

I'll leave the rest of this question to someone who handles Juvenile Law because they play by different rules.

Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Yes, it is a one party consent state as long as you are a party to the conversation you may record it.

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