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Posted by2 months ago

Two party consent in outside a court

This is one of those things I’ve always wondered about. When it comes to recording and 2 party consent. Can it make sense to clear your name or reputation.

Let’s say you know that a coworker or family has committed a crime or action that negatively affects you. Why can’t you just record their admission with consent and clear your name.

As a legal matter it might not be usable in court. But what are the pros and cons of this and how likely is it anyone would actually carry out an action over non courtroom matters.

Eg. Your coworker is stealing from the register and blames it on you. A recorded admission would let you keep your job, the coworker would likely be fired and the boss could find other evidence if they wanted to press charges.

The coworker Filing a charge against you would be admission to a crime to the police and I doubt they would follow through.

Suing for defamation I don’t think would work because what they said was true.

Would the DA even care?

67% Upvoted
level 1

The coworker Filing a charge against you

The coworker can file a police report. Only prosecutors are actually able to file charges. I've seen illegal recordings clear people's names before - there's no real answer here other than the DA could file charges, or they could decline to file charges.

level 1

In CA even illegal recordings can be used in criminal proceedings

But a recording you made to prove your innocence may not be good evidence, the jury could believe you tampered with it


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Created Dec 4, 2015