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  1. #1
    Join Date
    Aug 2013
    Posts
    2

    Default How to Use Recorded Phone Conversations in Court

    My question involves criminal law for the state of: West Virginia


    I hope I have the right forum, somebody please direct me if there is a better forum for this question.

    My husband was in West Virginia and he
    was having problems with a customer that resides
    there. As the customer was being very hostile, when he called my
    husband's cell phone, my husband decided to record
    the call. Husband asked him permission first, and
    customer said "No, you cannot record this
    phone call!" But my husband knew that West Virginia
    has a one-party consent law, so he recorded it anyway and
    got his threats and what we believe to be extortion on tape.
    Husband is now back in Florida, where we reside, and would like
    to pursue legal action. Would he able to use these tapes as evidence in
    court? Does anything change since we took the recordings
    back to Florida with us? I want to make it clear that husband
    recorded the tapes while in West Virginia, and the customer lives in West Virginia. But husband is a resident of Florida.

    Thank you in advance for any help.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Recording a Phone Call in West Virginia Caught Threats/Extortion on Tape

    Hubby can do nothing from Florida with any effect. What is his goal?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to Use Recorded Phone Conversations in Court

    Court?

    What court?

    If your husband wants to sue for something it will have to be in West Virginia.

    If he wants to report a crime (if there was one) it would have to be to the authorities in West Virginia.

  4. #4
    Join Date
    Aug 2013
    Posts
    2

    Default Re: How to Use Recorded Phone Conversations in Court

    I understand that any legal action will have to be handled in W.V. and we'll have to get an attorney there to handle our case. My purpose in asking this forum these questions is to prepare for that eventuality. His purpose would be to bring a law suit against the person extorting him, and to collect damages for mental anguish as well as punitive damages if possible. I would not like to reveal the nature of the extortion threats publicly, but, am willing to discuss this in more detail privately if someone feels they can help me. My question is, is it possible to sue someone for damages, punitive and actual when he attempts to force you through extortion to give him what he wants in a business deal? And, if it is, can we legally present the secretly recorded phone conversation as evidence of his threats of extortion?

  5. #5

    Default Re: How to Use Recorded Phone Conversations in Court

    Recordings of this nature are generally not going to be allowed into evidence. You can try...lay a foundation first and then ask for it to be admitted.

    Don't be down in the dumps if it does not work out the way you want it to.

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