New Canaan Eavesdropping Lawyer
If you are facing eavesdropping charges, it is wise to start preparing a defense strategy as soon as possible with the help of a top-rated attorney. A New Canaan eavesdropping lawyer can help you fight the charges brought by the state and work to obtain an optimum outcome in court.
Isn’t Eavesdropping Harmless?
While the term eavesdropping is used generally to refer to many types of nosy behavior, criminal eavesdropping has a specific meaning. Connecticut General Statutes (C.G.S.) §53a-189 describes the crime of eavesdropping as unlawfully engaging in wiretapping or mechanical overhearing of a conversation.
Under C.G.S. §53a-187, someone mechanically overhears a conversation when they intentionally listen in on the conversation of others with the use of “any instrument, device, or equipment” without the consent of at least one of the people speaking in the conversation.
Similarly, wiretapping consists of using any type of equipment or device to record or overhear a phone conversation. Again, the action must be committed without the consent of a party to the conversation to be considered wiretapping. Therefore, a New Canaan eavesdropping lawyer can look for evidence to demonstrate consent, which would negate the criminal aspect of any eavesdropping conduct.
What Are Some Defenses to Eavesdropping?
To be a criminal act, eavesdropping must be intentional. Therefore, one defense to eavesdropping consists of showing that any conversations were overheard or recorded by accident.
A New Canaan eavesdropping lawyer can defend against eavesdropping charges by demonstrating that one party to the conversation consented to be overheard or recorded. Only the consent of one party is necessary to render the situation permissible under criminal law standards. However, a party to a recorded conversation is still able to bring a civil lawsuit under C.G.S. §52-570d if that person did not consent to the recording and was not provided sufficient notice of the recording.
Wiretapping or mechanical overhearing of a conversation does not constitute criminal eavesdropping unless it is committed unlawfully. Accordingly, an attorney can work to prove that any recording or listening in was undertaken with proper authority.
What Are the Penalties for Eavesdropping in CT?
Many people in New Canaan, CT are unaware of the severity of eavesdropping as a criminal offense. The Connecticut criminal code classifies eavesdropping as a Class D felony. Those convicted may be fined up to $5,000 and imprisoned for up to five years.
Moreover, anyone found guilty of eavesdropping must deal with the consequences of a felony criminal record. Fortunately, a New Canaan eavesdropping lawyer can seek alternative penalties if possible and help to minimize other adverse consequences.
Work with a Skilled New Canaan Eavesdropping Attorney
To refute allegations of any criminal act, it is helpful to have evidence to show that alleged actions occurred in a manner that did not break the law. The best time to collect evidence to defend against criminal charges is soon after the event leading to the charges. A New Canaan eavesdropping lawyer can gather and preserve valuable evidence so that it can be used in negotiations as well as at trial.For an initial case evaluation and consultation to learn more about your options for defense, call Mark Sherman Law.