Silver City, NM asked in Criminal Law and Constitutional Law for New Mexico

Q: Is recording a conversation in my home usable in court and legal in New Mexico, charged intimidation of a witnesses

I was talking to my kids mother and she told me she was a witnesses to a case of assault with a deadly weapon charge and it was the day before court so I didn't know she was a witnesses and was not on the witnesses list. For that court hearing. I was charged and jailed for it in court

2 Lawyer Answers

A: From your question, I am no sure exactly the scenario. There are some possible issues you raise: is the recording illegally obtained and therefore suppressible under the Constitution? Does the recording have inadmissible hearsay or statements that would violate the confrontation clause? Is the recording and its content relevant and probative or is it unfairly prejudicial? There may be a number of different courses of action. Intimidation of a witness is a felony, so this sounds like a serious issue. You should strongly consider formally consulting with an attorney.

James L. Arrasmith
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Answered

A: In New Mexico, it is generally legal to record a conversation if you are a party to it. This means that since you were part of the discussion with the mother of your children, you likely had the right to record without her consent. However, the context of the recording and how it is used can impact its admissibility in court.

Recordings can be used as evidence if they were obtained legally and are relevant to the case. If your recording was made without violating any privacy laws, it may be admissible to demonstrate your interactions and intentions. It's important to ensure that the recording accurately reflects the conversation and is preserved properly to maintain its integrity.

Given that you were charged and jailed for intimidation, it’s crucial to consult with a legal professional who can review the specifics of your situation. They can provide guidance on how the recording may affect your case and help you navigate the legal proceedings effectively.

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