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Recording Conversations / Invasion of Privacy / Unlawful Interception of Communications / Two-Party Consent to Record / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    I recorded a conversation without them knowing and now I was told that they might file charges against me could this happen?  The Electric went off in my apartment and all my food… Scroll down to read more!

October 17, 2014 / Michael A. Haber /

Q:    I recorded a conversation without them knowing and now I was told that they might file charges against me could this happen?  The Electric went off in my apartment and all my food and medicine went to waste. I spoke to the office that I pay the rent to and asked why was the Electric shut off they told me it was because I was late on my rent. I read my lease and it doesnt say that so I question them again by email to get them tell me again so I could have proof. They didnt. I then went to office and put my phone to record our conversation without them knowing. I then emailed broker because he told me that the people that work in office dont know all details. So I sent him audio so he knows im not lying about what they told me. And he said that its against the law and that they might file charges on me for this. If they do what could happen to me.???

A:  

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/i-recorded-a-conversation-without-them-knowing-and-1924204.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/i-recorded-a-conversation-without-them-knowing-and-1924204.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

1 lawyer agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

” href=”http://www.avvo.com/legal-answers/i-recorded-a-conversation-without-them-knowing-and-1924204.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>1

Lawyer agrees
Answered . You just admitted committing a felony. Anything that you post on Avvo (or similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, and as this is an open forum there is no attorney client privilege attached, so be careful (forewarned is forearmed.)

Please see the following statute: F. S. 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited (the link follows: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0900-0999/0934/Sections/0934.03.html. )

You can lawfully record many public events without disclosing (like for instance a City Council Meeting or a Trial Court Proceeding), but when it comes to private conversations the answer – in FL (others States and the Feds have different rules).

Florida’s wiretapping law is a “two-party consent” law. Florida makes it a crime to intercept or record a “wire, oral, or electronic communication” in Florida, unless all parties to the communication consent (again please see F. S. 934.03). Florida law makes an exception for in-person communications when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. In Florida you may record these kinds of in-person conversations without breaking the law; however, you should always get the consent of all parties before recording any telephone conversation and any in-person that common sense tells you is private.

In addition to subjecting you to criminal prosecution, violating the Florida wiretapping law can expose you to a civil lawsuit for damages by an injured party.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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