Why Can’t Criminal Defense Attorneys Tape Witness Statements without Consent while Cops Can?

For years, it has been deemed legal by our courts to permit law enforcement to tape conversations with suspects and witnesses without their knowledge. Those tape recordings are used by prosecutors on a regular basis in their attempt to obtain convictions.

However, criminal defense attorneys who are fighting for justice and doing all they can to see that innocent persons are not convicted have never been afforded the same legal right. In fact, it is a crime if a criminal defense attorney tapes witness statements without the advance knowledge of the witness.

This inequity in the law gives the prosecution an unfair advantage in conducting a thorough investigation. However, language has been drafted that will hopefully be passed into law in 2014 by the California legislature to make it legal for criminal defense attorneys to tape interviews with witnesses without their knowledge.

Why Should Criminal Defense Attorneys Tape Witness Statements?

Why can't criminal defense attorneys tape witness statements without consent but cops can? Do you think the law should change?

Many times, in defense of one of our clients, we will have an experienced investigator obtain a statement from a witness that would exonerate our client of any wrongdoing. However, that person refuses to allow the statement to be taped. At time of trial, the witness is either unavailable or testifies that he did not make such a statement to the investigator. This puts criminal defendants at a major disadvantage in their attempt to obtain equal justice.

The passage of this law would even the playing field. Why not allow witness statements to be taped by both sides? If the matter goes to jury trial, the court and the jurors can hear all of the taped interviews rather than just the taped interviews legally obtained by the prosecution.

Does that seem like equal justice for all in the courtroom? We welcome your thoughts.

How Wallin & Klarich Can Help

Wallin & Klarich will continue to fight for laws such as this that protect the rights of those accused of crimes. The criminal defense attorneys at Wallin & Klarich are here to help you if you need help with a criminal matter.

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.