Can I legally record my conversation with a prosecutor before arraignment?

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Can I legally record my conversation with a prosecutor before arraignment?

The conversation will be held in the courtroom without judge and before arraignment begins. Would that conversation be considered in or out of public view?

Asked on August 16, 2015 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It appears that you *may* be able to do this:

1) Fortunately for you, your state is what's called a "one-party consent" state. That means that as a general matter, if one party to (one person in) a conversation agrees to the recording, it is legal; and if you are talking to the prosecutor, you are a party to that conversation and if you "agree" to the recording, it is not a violation of the wiretapping and related statutes.

2) However, many courthouses prohibit the use of any audio recording in the courthouse--not just during trial, but anywhere in the courthouse--without the court's permission. If that is the case in your courthouse (and generally, if this is the case, they'll have a sign up to that effect at the entrances; or you can ask one of the sheriff's or court officer's), then you cannot record the prosecutor at a courthouse meeting, even if you could record him if you'd met, for example, at your home or in his office.


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