Greenwich Eavesdropping Lawyer
A Greenwich eavesdropping lawyer could explain everything about how eavesdropping is defined in Connecticut and what your legal options may be during an initial consultation. A knowledgeable defense attorney could work tirelessly to enforce your rights and protect your best interests throughout every stage of your criminal case.
What Are The Two Types of Eavesdropping?
The state statute that actually defines eavesdropping as a criminal offense—Connecticut General Statutes §53a-189 is somewhat vague, as all it literally says is that engaging in “wiretapping or mechanical overhearing of a conversation” is illegal. To understand what constitutes eavesdropping in the eyes of the Connecticut justice system, it is important to understand what specific actions the two terms in the quote above refer to.
As per C.G.S. §53a-187, both wiretapping and mechanical overhearing of a conversation involve the same core activity—someone using some kind of equipment to overhear or record a conversation that they are not supposed to be party to. However, wiretapping involves the defendant listening in on a phone call without the consent of either party to that call, while mechanical overhearing of a conversation entails listening in an in-person discussion without consent from all involved parties.
Is Eavesdropping a Felony Offense?
In either scenario, this offense is a class D felony, which means a conviction in criminal court could lead to as much as a five-year prison sentence and a $5,000 fine. Working with a skilled Greenwich eavesdropping attorney is often critical to mitigating these penalties and successfully pursuing a more positive resolution on a defendant’s behalf.
Are There Any Defenses to Eavesdropping Charges?
As noted above, there are several essential elements to an eavesdropping charge, the absence of any of which may prevent conviction in criminal court. Accordingly, legal counsel may be able to contest an eavesdropping allegation by proving that no electronic or mechanical device was involved, that the defendant was supposed to be a known participant in the conversation, or that the defendant did not intend to overhear or record the conversation.
Furthermore, since Connecticut is technically a one-party consent state in a criminal context, it is not illegal for a participant in a phone call to record that call, even if they do not notify any other participants what they are doing. Depending on the circumstances, an eavesdropping lawyer in Greenwich may be able to leverage that fact into an effective defense strategy against criminal charges, although the recording party might still face civil liability for their actions, as per C.G.S. §52-570d.
A Greenwich Eavesdropping Attorney May Be Able to Help
No matter the circumstances that produced your arrest, a knowledgeable Greenwich eavesdropping lawyer could work with you to pursue a favorable case result. Head over to avvo.com to read why over 300 former clients have given us 5-star ratings, then call today to discuss your options.