How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My son has has several charges pending of domestic assault

This answer was rated:

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?

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.

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.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
Samuel II and other Criminal Law Specialists are ready to help you