Many misconceptions exist about using cell phones to record other people's activities, behaviors, and words. When a fight breaks out, an arrest is made, or angry slurs are shouted out for the world to hear, it has become natural for the public to grab their phones and record the activity. What would have previously been a “he said, she said” argument in court may now have video or audio evidence that may significantly impact a case’s outcome. It is undeniable that phone recordings have changed many court cases, notably the George Floyd case and others involving claims of law enforcement’s excessive force and displays of racism.

Is Recording Someone on Your Phone A Crime in San Diego?

It might surprise people that many things can be recorded without breaking the law. Interestingly, an audio recording of a conversation is considered illegal without the person’s permission, but a video is acceptable unless it violates someone’s right to privacy, like in the bathroom or dressing room. Sound confusing? That is precisely why you want a professional defense lawyer on your side if you are facing charges of illegally recording someone. The law is complex and only possible to interpret with a skilled lawyer's extensive education and experience.

Phone video recordings that serve as evidence in criminal court cases are admissible but not in civil cases. If a recording violates someone's privacy but reveals admission or involvement in a serious crime, the recording may be admissible in court as evidence. Interestingly, even if the recording is used in a criminal case, the person who illegally recorded may still face wobbler charges.

Do Police and The Public Have Different Recording and Wiretapping Allowances?

Law enforcement and the police often use wiretapping to gather evidence or admissions in criminal cases. Although the police have different rules to follow when it comes to recording conversations, police use the freedoms of the public when it comes to gathering enough evidence to constitute a court order or warrant. If the police set up a conversation between two parties, they hope to get something incriminating enough to justify further action.

When it comes to eavesdropping or wiretapping charges, unless an electronic device is used, it is not illegal. A crude example is if you lean your ear against the wall to hear a private conversation, that is not illegal, but using an electronic device to hear better would be considered illegal under Penal Codes 631 and 632.

Illegal Phone Recordings and Stalking Cases

One of the most common criminal cases where wobbler charges for wiretapping or illegal recordings are tacked on is stalker cases. When a defendant faces stalking charges, and there is video evidence against the defendant, it is critical to get someone experienced in fighting these additional charges and work to get the best possible outcome. Only a criminal defense attorney with experience can help clients facing stalker charges and wobblers to get charges reduced successfully and, in some cases, dismissed. There is too much at stake to wait for the case's outcome with minimal attention from a court-appointed attorney. The number of variables to be considered is too vast for an average person to address, manage and handle with expertise. When it counts, hire the best. If you are facing criminal charges in Chula Vista, Carlsbad, Oceanside, or Kearney Mesa, Attorney Joni Eisenstein is the best criminal defense attorney, servicing all of San Diego County. Attention to detail and knowledge of the law is unmatched by any other criminal defense law firm. Clients deserve relentless attention to detail and the same level of commitment throughout the case.

If you are facing charges for violating one of these laws in California, you should find a reputable criminal defense attorney to walk you through the process. Without a professional lawyer working your case, the wobbler charges may end up as misdemeanors or, worse, felonies. A criminal defense lawyer will always fight to get charges dismissed, and when that is not possible, the minimal charges and penalties. There is a significant difference between a felony and a misdemeanor conviction when it comes down to the consequences. If convicted, hefty fines are inevitable, and time in jail may be required. Clients with a previous record need a defense lawyer even more so, and only a professional defense attorney can ensure the best possible terms when it comes to bail negotiations, admissible evidence, and penalties.

Attorney Eisenstein advises clients to practice their Fifth Amendment Rights and wait for an attorney to be present before speaking with law enforcement. Reputable defense lawyers will spend time hearing the details of your case, gathering information, and advising on the next steps. The initial free phone consultation will put anyone facing criminal charges at ease and bring clarity on how best to move forward. When facing criminal charges in San Diego County, the potential for devastating results is too high not to get a private criminal defense attorney.