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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My son has has several charges pending of domestic assault

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My son has has several charges pending of domestic assault , sexual assault, lewd and lascivious conduct. All charges levied by a domestic partner determined to punish him for a relationship that has been bad for both of them. My son is innocent of all these charges but the evidence looks bad. The worst piece of evidence is a recording she made on her cell phone without his knowledge. He is not touching her but he is drunk and asking her for sex. She is holding the cell phone on her lap under a blanket. She keeps crying no means no. I have known this girl for 13 years she has never been a victim. This is a 35 min recording that could be very harmful to his defense. Is it admissible in Vermont? Is there any way to get it thrown out?
Hello

My name is XXXXX XXXXX I look forward to discussing and providing you information in this regard.

Please tell me the home in which this was recorded is his own that he shares with this woman?
Customer: replied 3 years ago.
This was recorded in the home he shared with his domestic partner and their two small children.
Hello

Thank you

Then I suggest that it could be argued there is an Expectation of Privacy within the confines of his own home and since he never gave permission for the recording it should not be admissible as evidence.

I suggest that you will want to ask your son's attorney to do some legal research for case law to this effect.


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