Recording Conversations / Invasion of Privacy / Unlawful Interception of Communications / Two-Party Consent to Record / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI
Q: I recorded a conversation without them knowing and now I was told that they might file charges against me could this happen? The Electric went off in my apartment and all my food and medicine went to waste. I spoke to the office that I pay the rent to and asked why was the Electric shut off they told me it was because I was late on my rent. I read my lease and it doesnt say that so I question them again by email to get them tell me again so I could have proof. They didnt. I then went to office and put my phone to record our conversation without them knowing. I then emailed broker because he told me that the people that work in office dont know all details. So I sent him audio so he knows im not lying about what they told me. And he said that its against the law and that they might file charges on me for this. If they do what could happen to me.???
Answered . You just admitted committing a felony. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)
You can lawfully record many public events without disclosing (like for instance a City Council Meeting or a Trial Court Proceeding), but when it comes to private conversations the answer - in FL (others States and the Feds have different rules).
Florida's wiretapping law is a "two-party consent" law. Florida makes it a crime to intercept or record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent (again please see F. S. 934.03). Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. In Florida you may record these kinds of in-person conversations without breaking the law; however, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.
In addition to subjecting you to criminal prosecution, violating the Florida wiretapping law can expose you to a civil lawsuit for damages by an injured party.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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