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Sure. I have a question, Califotnia California, no. I don't…

Sure. I have a...

Sure. I have a question

Lawyer's Assistant: In what state did this occur?

Califotnia California

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I don't think I need one im not in any trouble

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No Just have a question

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9/21/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,147
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. What is your criminal law question?

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Customer reply replied 5 months ago
I had a detective come to my house 7 months ago to question me about a friend. I answered honestly. First question: Can they record my conversations and use them against my friend in court? and 2: They have lied and manipulated my words. Whats being said I said...I did not say.

Thanks for the reply. Give me a few minutes to type my answer for you.

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Can they record my conversations and use them against my friend in court?

Yes, they can record your conversations. If what you say about your friend is not hearsay or is an exception to the hearsay requirement, the police can use your statements against your friend in court if the case goes to trial.

2: They have lied and manipulated my words. Whats being said I said...I did not say.

You would want to tell that to the defense lawyer. He may want to call you as a defense witness to impeach the police officer if the officer testifies against your friend and is able to use untrue portions of your interview.

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Customer reply replied 5 months ago
Apparently they showed hand written notes to his lawyer of things I "supposedly" said. True I did say some of these things but not in the context they are using my words. If they had me on recording, wouldn't they give that to the lawyers not written notes? I never saw a statement and I never signed any statement

If they had recordings as well as handwritten notes, both should be turned over to the defense as part of the discovery process.

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Customer reply replied 5 months ago
I guess that's what I was wondering. If the lawyer saw notes, id only assume that they heard a recording. And as far as I know I wasn't being recorded. I know they don't have to tell me. This has caused a huge problem between my friend and I and I was just wondering if there is some way I can be protected.
Customer reply replied 5 months ago
They came to my house at 6am and asked questions and write notes on a notepad. And then took what I said and manipulated them to fit their case. Now I look like I set my friend up and I wasn't even involved

Police are trained to be skilled interrogators and manipulators of fact. They're not interested in truth as much as in securing a conviction for the prosecutor.

I understand this is causing you personal difficulties with your friend, but it's unlikely that the police recorded you. Typically, a lawyer makes discovery requests and asks for all reports including any audio and video material and he would have had access to it if a recording existed.

All you can do, therefore, is to tell your friend that if his lawyer wants to interview you as to what you actually said, you would be willing to be interviewed and, if necessary, to testify for the defense to impeach the police officer should that be important to his defense. If you have no first hand knowledge of the incident your friend is charged with, what you said, as I indicated earlier, may be hearsay, and if so, can't be used against hm anyway.

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Customer reply replied 5 months ago
ok. Thank You. I will relay this to my friend

You're very welcome.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,147
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,147
29,147 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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