Domestic Violence Defendants: Beware Speaking Loudly and Clearly

“Your calls may be recorded.” That’s what the sign says.

In plain view of the residents. In a jail in New York.

Despite that warning, many inmates being held on criminal charges of domestic violence pay it no heed.

They flagrantly violate criminal court orders for “no contact” with alleged victims of criminal domestic violence, by calling the victims up and confessing, apologizing, warning, dictating, professing love, etc., etc., all with the goal of undermining prosecution of the cases against them.

But recordings of such calls are routinely admitted in New York criminal prosecutions for domestic violence.

Making the alleged victims (unwilling) witnesses for the prosecution – even if they don’t testify live in court, or do, but testify favorably to the defense live in court.

The tapes may be used in court under special rules of evidence that apply.

In one case, an accused called his alleged victim 1,200 times.

Read more in this New York Times article: Abuse Suspects, Your Calls Are Taped. Speak Up.

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