Accused of Having Eavesdropped? Call us NOW: 626-827-7222. Award-Winning California Criminal Defense Law Firm: www.CoimbraLaw.com

A. What Does Eavesdropping Mean?

Broken down into it’s component, California Penal Code Section 632 defines eavesdropping as

an intentional

overhearing

of a confidential conversation

without the consent of BOTH parties

enlisting the use of some electronic amplification or recording device

B. What Can Happen If I Am Caught Eavesdropping?

A California criminal prosecutor can file a felony criminal charge resulting in THREE (3) YEARS of imprisonment in the California State Prison as well as a charge of up to $2,500.00 PER COUNT!

Moreover, contrary to popular belief, any evidence you collect from secretly recording someone (i.e., ‘eavesdropping’) is LEGALLY WORTHLESS. You will be prevented from using such “evidence” in a court of law. Also, Penal Code Section 637.2 allows the victim of the eavesdropping to sue the eavesdropper in civil court for up to the THREE TIMES the amount of damages he or suffered (“treble damages”).

C. What Defenses Can Your Criminal Defense Attorneys Advance On My Behalf If I Am Accused of Eavesdropping In California

We can argue that you accidentally listened in on the conversation, that it was not your intention to record or collect the audio feed of the conversation you are accused of having eavesdropped.

Our eavesdropping charges defense attorneys can also argue that you had the consent / permission of both parties when you recorded the conversation.

If the conversation was not confidential, i.e., carried out in public, casual conversation in a public place, we can argue that the “confidentiality” component of the law is missing and, therefore, you should not be convicted.

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