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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27747
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Sure. I have a question, Califotnia California, no. I don't

This answer was rated:

sure. I have a question
JA: In what state did this occur?
Customer: Califotnia California
JA: Have you talked to a lawyer yet?
Customer: no. I don't think I need one im not in any trouble
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Just have a question

Hi,

I'm Zoey.

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

Customer: replied 29 days 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.

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.

Customer: replied 29 days 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.

Customer: replied 29 days 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: replied 29 days 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.

Customer: replied 29 days ago.
ok. Thank You. I will relay this to my friend

You're very welcome.

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