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  1. #1

    Post Do You Have the Right to Record Probation Meetings

    My question involves criminal law for the state of: Florida

    Do I have the right to record my sessions with my Probation officer? Via video, audio recording, or even Facebook Live? I have been violated for stupid things before that were nothing more then hearsay or rumors I am looking to cover my own a$$ in case of any shenanigans I am doing everything to follow the terms and conditions of my probation and don't want to be caught up in any technicalities they may try to throw at me I've also heard and seen others who have had their probation violated for things they have not done I being a productive member of society would like to avoid this if possible so am I able to record my sessions with my probation officer with the resources listed above?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Do You Have the Right to Record Probation Meetings

    You can ask them. I'm gonna guess that the answer will be "No." But, you can ask.

  3. #3
    Join Date
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    Default Re: Do You Have the Right to Record Probation Meetings

    You have no right to record a probation meeting. As cdwjava indicates, you may ask, and they may say "no".

    Florida is a two-party consent state, meaning that you are supposed to have the consent of the other party (or parties) to a conversation before you record them. If you record a probation meeting without consent, you run the risk of being charged with a crime. A prosecutor or court might be receptive to the argument that the broadly recognized exception for recording encounters with law enforcement should also apply to probation officers, but before you roll the dice on that possible defense it would be sensible to discuss your plan with your criminal defense lawyer.

  4. #4

    Default Re: Do You Have the Right to Record Probation Meetings

    So what ur telling me is that if they deny me the ability to record our sessions and attempt to violate my probation for no real reason then i dont even have the right to supply my own evidence to the courts?

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Do You Have the Right to Record Probation Meetings

    Please speak in normal English and not text speak.

    It's unclear what you think you're going to gain. The recording is evidence of what? If the PO wants to violate you it will be more than just some discussion that goes on in his office.

  6. #6
    Join Date
    Sep 2005
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    California
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    Default Re: Do You Have the Right to Record Probation Meetings

    Quote Quoting jordanr22390
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    So what ur telling me is that if they deny me the ability to record our sessions and attempt to violate my probation for no real reason then i dont even have the right to supply my own evidence to the courts?
    Testimony IS evidence.

    However, even to violate you, they would have to show the court that you violated the terms of your probation. Don't give them a reason to violate it. And don't engage in activity that could be misconstrued as criminal or otherwise in violation of your probation.

    Besides, recording your conversation with your PO won't prevent others from lying about you. So, if other people are lying about you and getting you violated through hearsay, recording your conversation with your PO won't do you any good, anyway. Is there some OTHER reason you want to record your PO?

  7. #7
    Join Date
    Oct 2006
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    16,474

    Default Re: Do You Have the Right to Record Probation Meetings

    Quote Quoting jordanr22390
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    So what ur telling me is that if they deny me the ability to record our sessions and attempt to violate my probation for no real reason then i dont even have the right to supply my own evidence to the courts?
    Recording your session with your PO shouldn't be the significant evidence that makes the major difference. You either violated your probation or you didn't. While its difficult to prove a negative, most violations of probation include something verifiable. If it does not, your attorney should be able to defend you based on nothing verifiable.

  8. #8
    Join Date
    Mar 2016
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    2,289

    Default Re: Do You Have the Right to Record Probation Meetings

    Quote Quoting jordanr22390
    View Post
    So what ur telling me is that if they deny me the ability to record our sessions and attempt to violate my probation for no real reason then i dont even have the right to supply my own evidence to the courts?
    Obviously they have some proof to violate you. I don't see how they can violate you just based on someone telling them something. When I first kicked out my ex husband and filed for divorce I texted his PO at the time and told her that he no longer lived there and "oh by the way he's been drinking and using drugs." Did she violate him? Nope. She didn't piss test him. Nor did his next PO when he moved counties. So the fact you're getting violated on things people tell your PO means that your PO got more than just their word that you did something.

    Have you had to take any UAs? Have you failed any UAs? Maybe you need to start looking at your circle of friends or associates to find out who's snitching on you. Not focus on your PO. Your PO is doing his or her job.

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