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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27099
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Last year I got convicted of a felony that I thought the

Customer Question

Last year I got convicted of a felony that I thought the punishment was too harsh. However I did my time because I was guilty of it. But my question is, the other party after I got sued, the police or DA had him call me and my call was recorded without my knowledge. That ended to my conviction. The recording was not used in court or anything but I noticed on the police report by the other party that in fact the call was recorded. Is there anything I can do about this? I live in the state of California.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

How were you convicted? Did you go to trial or take a plea agreement? Were you represented by counsel? Was this call made before or after the conviction? How do you know that the police were behind the call?

When you ask if there's anything you can do about this, what did you have in mind?

Customer: replied 1 year ago.
I took a plea. I was represented by a private council and this happened before I even got arrested. I found out they were behind it after reading the statements on the police report made by the other party. I'm wondering if I can sue the other party or whomever I can for failing to let me know I was being recorded.
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

When you took a plea, you waived the right to challenge the evidence against you at hearings and trial. So what I don't know is whether the police had a warrant and set up a sting, which would have been lawful. Your lawyer would have to look into that, but the fact that you didn't challenge it back when the criminal case was pending may make a difference as to how viable your suit would be now because if you are claiming that it was your conviction that caused you damages, your plea of guilty would likely undercut a civil suit.

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