Thursday, August 19, 2010

Legal advice please! can a voicemail admitting a crime be used against them?

a couple days ago my baby's father beat me up%26amp; held me hostage in his room overnight! well as soon as i escaped his house, i went to the hospital%26amp; reported him to the police. they haven't arrested him yet but they took evidence that he beat me up by pictures. the detective told me that they are still investigating%26amp; then when they are done gathering everything up they will be taking it to the prosecuting attorney and from there they will issue a warrant out 4his arrest. my baby's father has been leaving me messages of how sorry he his %26amp; in one voicemail he admitted that he slammed me down on concrete %26amp; beat me up! can i take that to the Police %26amp; use that against him?? will that confession get them to arrest him sooner?????Legal advice please! can a voicemail admitting a crime be used against them?
my god girl im so sorry tell the police asap! please take this jerk down ! good luck to you sweetheart hang in there!Legal advice please! can a voicemail admitting a crime be used against them?
In California (this does vary by state), you can't record a telephone conversation/use it in court unless both parties are aware the recording is going on (not counting things like a wiretap warrant).


HOWEVER, if someone leaves a voicemail, or a message on an answering machine, how could they NOT know that it's being recorded?


So yes, it WOULD be admissible in court.





So long story short,


YES, take it to the police.





YES, they SHOULD arrest him sooner, as they'll have more evidence!
I can't say that it will make an arrest occur sooner, but statements such as these can be used against him. Whether they will be undermined by other fact questions (such as whether they were altered, were not made by him or simply don't say what you claim they do - that's up for a jury to decide.)
Your other issues will dominate the case, if the e-mails if they can be traced to a computer he owns then yes but it is a long shot. You need an order-of-protection for both yourself and child, petition the court or ask the Detective in charge of your case.
hell yes,its a confession the cops could use,,show/bring the cell phone to the prosecutor or states attorney's office
If the voice mails can be ';authenticated'; at trial, then ';yes';.
that's good evidence since it was legally obtained. you should also get a restraining order if you don't already have one. it will prevent him from any contact with you
Call the detective. These voicemails will certainly be used against him and speed things up.
Yes They Can..
yes- That is good evidence
Yes it will help him to get a court date and have everything lined up for him to get a trial.





I've had a problem similar to yours with a guy before, he hit me with his palm and my head slammed against a wall.... The guy was much older than me and I was drunk and made a stupid move he said if you do it again I'm going to cold **** you, and I did it again because I thought cold **** means to walk away from a confrentation.





So anyway it really hurt and I called the police that night and I was just miserable. I couldn't believe how upside down my life was when it happened, everything. and well he ran off and left that night the police had trouble finding him but eventually they did. He called from a pay phone to ask what he was supposed to do and I said what do you expect me to tell you? Then I demanded a large amount of money from him to pay back from a time that he stole my credit card and I hadn't pressed charges, by then I was hoping that he would actually make it up to me. But he said no he couldn't gather that much money, which I knew was a lie. I know that he could have at least gotten another job and started paying me off right away. He also had an annuity account so money hasn't been a problem for him in a long time.





So the fact that he didn't agree to pay off, and drop his balls to the floor to give exactly what I was asking for, wasn't enough for me. I just let him know that was enough for me and I don't want to see him if he isn't going to do as I wish.





There's nothing wrong with that. I never see him any more, although I cried for a short while it was worth it to tell him my needs and my boundaries. He doesn't bother me or abuse me any more, and we could be honest with one another.





It takes everyone to make a difference that will mean the world to everyone so a good place to start is with you making a change for the better. I noticed you have another post about this situation and I hope that by now you've already made the right moves.

No comments:

Post a Comment