I recently called my dr office and asked if possible to get a note for missing class, I am in an RN program. The medical assistant there and i used to work together. She told me there would be no issues. She brought the note to me. I turned it into the school, only to find out that when the school called to verify the notes validity, they were told it was fraud. That I must have stolen it. I have not been in that office since 2011. I called the medical assistant back and asked her what happened? She stated she was afraid she would go to jail on fraud, since she wrote the note on a prestamped RX pad. I told her she needs to tell the truth, she refuses, I have her on recording stating she was afraid to go to jail for writing the note, because she was doing me a favor, and that she has 3 children to support. I have been kicked out of the RN program for this. What do I do? I called the office manager and told her the truth and that i have a recording. I dont want to go to jail, I am stuck in my house afraid.
Response: I am sorry to read about your difficulties. The Medical Assistant made a mess of things. However, since she has implicated you, you have no choice now but to protect yourself. You can take the recording to the school and play it to the official that removed you from the program. You can also play the recording to the Office Manager. Texas is one-party consent State. So, you are not going to get in trouble for recording the conversation with her. You can use the recording in any legal action against you to defend yourself. See Texas Penal Code Section 16.02(c)(4): http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.16.htm
(c) It is an affirmative defense to prosecution under Subsection (b) that:b
4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication; or
(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;
So should I get an attorney now or do I wait to ser how the office is going to hsndle it?
So should I get an attorney now or do I wait to ser how the office is going to hsndle it? Response: Wait to see how the office is going to handle it. Whatever you do, do not agree to relinquish the control of the tape. That is the key to your defense.
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