Stamford Eavesdropping Lawyer
If you have been charged with eavesdropping or related offenses, a Stamford eavesdropping lawyer who understands the complexities of the law may be able to help. A knowledgeable criminal defense attorney could carefully analyze the evidence and raise a credible defense on your behalf.
What is Eavesdropping in CT?
Connecticut General Statutes (C.G.S.) §53a-189 describes eavesdropping as engaging in “wiretapping” or “mechanical overhearing of a conversation” without legal authorization.
C.G.S. §53a-187 defines “wiretapping” as intentionally overhearing or recording a communication made by phone or cell phone without the consent of either the sender or the receiver of the communication. The definition of “mechanical overhearing of a conversation” is similar but involves listening to or recording conversations in person rather than over the phone.
A Stamford eavesdropping attorney could review a situation to determine the applicable defenses that could be asserted. For example, it could be argued that the person recording or overhearing a conversation received consent from one of the parties or that the person had legal authority for overhearing or recording the communication.
What are the Penalties for Eavesdropping?
Under CT state law, unlawful wiretapping or mechanical overhearing of a conversation is treated as a Class D felony. The potential penalties include up to five years of imprisonment and a fine of up to $5,000.
Moreover, eavesdropping scenarios can expose those accused to civil liability as well as criminal penalties. A Stamford eavesdropping lawyer may be able to assist in the defense of a civil action in addition to a criminal charge.
What is the Role of Consent in Stamford Eavesdropping Cases?
Consent is a powerful defense in eavesdropping cases. If a criminal charge is brought under state eavesdropping law, an individual needs consent from only one party to a conversation to prove that conduct did not violate the statute.
In terms of civil liability, however, an individual who records a phone conversation may be sued for illegal recording if they do not have the consent of all parties to the call under C.G.S. §52-570d. In lieu of consent, the person recording the call may provide verbal notification of the recording or an automatic warning tone every 15 seconds. Certain exceptions apply.
Contact a Stamford Eavesdropping Attorney
If you are facing charges or allegations of wiretapping, interception of electronic communications, or eavesdropping, it is wise to begin building a solid defense as soon as possible because these are felony offenses. For a consultation to learn more about how a Stamford eavesdropping lawyer could assist in your situation, call Mark Sherman Law.