Westport Eavesdropping Lawyer
If you are facing eavesdropping charges, it is a good idea to consult a knowledgeable Westport eavesdropping lawyer who can explain the potential ramifications and your options for fighting the charges. A criminal defense lawyer in Connecticut can work to protect your rights and fight for an optimum outcome during this trying time.
What Are the Consequences of Eavesdropping?
The state criminal code defines eavesdropping as a Class D felony offense. This means that those convicted of a Class D felony may be sentenced to up to five years in prison. In addition, the court may levy a fine of up to $5,000.
For many people, however, the personal consequences of a criminal conviction have an even more damaging long-term effect than fines or incarceration. A felony conviction or record of any crime is easily visible online to anyone conducting a background search. Records of criminal activity can make it difficult to obtain preferred employment, housing, and more. A Westport eavesdropping lawyer can work to minimize the negative consequences, both official and incidental.
How Is Eavesdropping Defined in CT?
Connecticut General Statutes (C.G.S.) §53a- 189 defines eavesdropping as the unlawful wiretapping or mechanical overhearing of a conversation. To understand the actions that constitute the offense, it is necessary to look at the definitions in C.G.S. §53a-187.
Wiretapping occurs when a third party records or overhears a telephone communication by any device or equipment without the consent of the sender or receiver. It must be done intentionally for it to be a criminal act.
Connecticut is a one-party consent state, which means you only need the consent of one person- the caller or the sender. If you have that consent, it is not a crime. A top Westport eavesdropping lawyer can argue that you did, in fact, have the proper consent. However, you may be subject to civil liability if you do not have the consent of all parties involved under C.G.S. §52-570d.
What Does Mechanical Overhearing Mean?
The definition of mechanical overhearing of a conversation is similar to that of wiretapping. In both cases, the act must be intentional. Often and for many people, these charges stem from a misunderstanding, and a Westport eavesdropping lawyer can argue that a conversation was recorded or overheard by accident.
Mechanical overhearing of a conversation involves using an instrument, device, or equipment to overhear or record the conversation of others. If one party to the conversation consents to the recording or listening, then the action cannot be considered criminal eavesdropping.
Consult an Experienced Westport Eavesdropping Attorney
Because eavesdropping is treated as a serious crime, it is important to give careful consideration to your defense if you are accused of this offense. A Westport eavesdropping lawyer can collect evidence to implement a strong defensive strategy and fight to reach a positive outcome in your case. For a confidential consultation to learn how top defense lawyers can help create the best possible defense, call Mark Sherman Law.