Stamford Eavesdropping Lawyer
No two eavesdropping cases are identical. If you’ve been arrested for eavesdropping, a skilled Stamford defense attorney could work on your behalf to build a comprehensive defense strategy and resolve your criminal charges in a positive way.
What Are The State Laws Regarding Recorded Conversations?
When it comes to eavesdropping, there are “one-party” and “two-party” states. This refers to the number of parties that need to consent for the conversation to be legally recorded.
Under Connecticut General Statutes §53a-189, it is illegal for someone who is not a sender or receiver of a phone conversation to intentionally listen in on that conversation using a device or mechanical instrument. This is often known as “wiretapping”. This statute also prohibits a third party from using a device to listen in on or record a conversation that they are not part of if they do not have consent from all parties involved. This is legally known as “mechanical overhearing of a conversation”.
It is not a crime for a sender or receiver of a telephone call to record a call without the consent of the other party, which would ostensibly make Connecticut a one-party consent state. However, C.G.S. §52-570d imposes civil liability on anyone who records a private phone conversation without everyone involved consenting to the recording. A Stamford eavesdropping attorney could clarify in further detail what laws may or may be applicable in a particular situation.
What Are The Penalties of a Conviction?
Whether the offense entails wiretapping or mechanical overhearing of a conversation, eavesdropping in the state of Connecticut is still considered a class D felony. This means that upon conviction, a defendant could end up facing a maximum $5,000 fine as well as five years in state prison at most.
Additionally, the context in which an eavesdropping offense occurs could lead to additional consequences outside of a criminal context. As noted above, recording a phone conversation without the consent of the person on the other end of the call could give rise to a civil lawsuit, through which the non-consenting individual could seek compensation for any resulting monetary damages as well as attorney’s fees.
Can Eavesdropping Affect Other Cases I Have?
Yes. If someone eavesdrops on a conversation in an attempt to get a leg up during a family court dispute, a conviction for this offense could lead to a significant worse outcome for them in family court, and potentially even the imposition of a restraining order. In light of this, working with a skilled eavesdropping lawyer in Stamford could be especially important for anyone accused of listening in on a family member’s conversation.
Talk to a Stamford Eavesdropping Attorney Today
Eavesdropping can be a complicated offense to contest in court, especially if you have never dealt with the criminal justice system before. Retaining a Stamford eavesdropping lawyer should be your first move after finding out you are facing this type of allegation. Read more about working with the Law Offices of Mark Sherman by clicking here, then call today to begin building a strong defense.