Criminal Defense: Cell phone recording helps arrested woman

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Normally taped conversations can hurt people accused of crimes.  However, one woman in Florida is relieved that a recorded call helped her case.  Susan Mait was stuck on a street after two of her tires on her SUV blew out.  The 60 year old woman was on the phone with Geico, her insurance company, when cops got there.  The cops claimed she was under the influence and wanted to arrest her.  They also claim she resisted arrest.  The cops said they tried to get her to cooperate, but she kept refusing.  They were FORCED to place her under arrest and struggle with her.

Now for the good part: the cops LIED!  How do we know?  Ms. Gait dropped her phone and Geico recorded the entire incident.  Most insurance companies have policies of recording calls for “training and monitoring purposes”.  In this case, it led to more importance than that!  The recorded call COMPLETELY contradicted what the officers placed in their police reports.  They claimed that they tried to talk to her and she resisted. One officer said she told Ms. Gait three times that she was going to place handcuffs on her, but the call indicates she never mentioned it once.

Recordings can often help prove that a defendant was telling the truth.  If you were arrested and happened to be on the phone with someone who was recording the call, or in a place where there was recording going on, it is important you tell your attorney.  Because the attorney called Geico and received the recordings, Ms. Gait’s DUI charge was dropped (it turned out she was not under the influence of an intoxicating substance) and the resisting arrest charge was lowered to a misdemeanor.  This is why it is important to tell your attorney everything that occurred before, during and after your arrest.  It may not have seemed important to Ms. Gait that she was on the phone with Geico at the time.  But her attorney decided to look into it and it saved her!

The other moral to this story: make sure you record encounters with Coral Springs, Florida, cops!

Read the USA Today article here.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about recordings during arrests.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

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