Legal Question in Criminal Law in California

Out Of State Telephone Recording

Could you possibly help me out by shedding some light on my legal question. I was formally a resident of Lafayette Ca. I was arrested on April 8 by the Contra Costa Sheriff's Department on a warrant for sexually assaulting a minor sometime in December of 04. The Detective phoned me from Texas 3 days earlier to ask some questions. I asked him if i needed a lawyer or if our conversation could be used against me twice and he replied no. He asked if I had a sexual relationship with a minor 16 years old. I told him no...He persisted to ask me and notified me he just wanted to know if it was consenual...because if if wasnt, then thing were really different! I said that if I had done anything, it would have been consensual. I know that this was a mistake but he caught me of guard and they are using this as a confession.. I did not know that I was being recorded, nor was I read my Miranda Warning even though he has admitted that I was the prime suspect in the case, unknown to me....Can they use a the recording even though California is a all-party state and Texas is a one-party? Do I have grounds for a civil lawsuit in the future when this is all said and done?

Sincerely,

Sad and Frustrated....


Asked on 1/30/06, 3:43 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Out Of State Telephone Recording

Your statement can be used in court, unless you were successful in having it suppressed. This charge can have serious consequences. Retaining an attorney to represent you in this matter should be your next step. If the police want to talk to you in the future refer them to your attorney.

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Answered on 2/04/06, 2:50 pm


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