[0:00] Welcome to come back with a warrant.
[0:03] Welcome back to come back with a warrant with attorney Michael Gottlieb.
[0:10] The American legal system is built on a simple premise.
[0:13] You are innocent until proven guilty.
[0:15] But in the court rooms of South Florida, that premise is challenged every single day for
[0:19] three decades.
[0:20] Michael has stayed between the state and the accused litigating over 150 jury trials in state
[0:25] and federal courts from the Florida legislator to the Broward County defense bars.
[0:30] His work is centered on a single mission protecting constitutional rights that keep us
[0:34] free.
[0:35] I'm Evan maggot today.
[0:36] We're talking about the different ways recorded conversations can become evidence.
[0:40] What prosecutors may try to prove with someone's own words.
[0:43] And why the circumstances surrounding a recording can completely change how it is interpreted
[0:47] Michael sir.
[0:48] Welcome back.
[0:49] Thanks Evan.
[0:50] Thanks for having me here and I'm looking forward to talking today.
[0:52] Let's do it.
[0:53] Let's do it.
[0:54] Michael, what kinds of recorded calls or conversations commonly become evidence in the criminal
[0:59] cases.
[1:00] Jail calls.
[1:01] That's the easiest one.
[1:02] Jail calls.
[1:03] It says you are on a recorded line and the first thing people do like the first phone call
[1:09] they do they call friends and family and they spill the tea.
[1:12] I mean, please, what are you doing?
[1:15] You know, it's so crazy.
[1:17] You hear that you're being recorded.
[1:19] You know you're being recorded.
[1:21] Why are you talking the state attorney the way it works at least in the jurisdiction that
[1:26] I practice most out of every single time you make a jail phone call their phone rings.
[1:32] So they know they have the opportunity to listen in real time and they do on serious
[1:36] cases.
[1:38] Jail phone calls.
[1:39] Stop talking on the phone.
[1:41] It's hurting you.
[1:43] But Mike, in the state of Florida, can someone legally record your voice or your message without
[1:49] you knowing it?
[1:50] Is that legal in state of Florida?
[1:51] It is 100% legal for law enforcement to record for law enforcement purposes.
[1:59] It's also 100% legal to record as long as you're giving the warning, specifying that this
[2:06] call is being recorded and the person is placed on notice.
[2:09] It is illegal in the state of Florida.
[2:11] We are a two party consent state.
[2:14] So it is illegal to record without both parties consenting to the recording being made in the
[2:21] state of Florida under Florida law.
[2:23] There's exceptions.
[2:25] In the federal jurisdiction, it's a one party consent.
[2:29] And from other states, there are other states that are one party consent states.
[2:33] So if the call is originating out of, let's say, New York, which I believe is a one party
[2:37] consent state, the person in New York can record the call, but the person in Florida cannot.
[2:44] So yeah, it gets a little dicey.
[2:48] So how do these control calls work when law enforcement asks to record a conversation with
[2:53] the person they're investigating?
[2:54] So there's an exception in Florida law that allows for exactly what you just said, Evan,
[2:59] which is a controlled phone call.
[3:01] So let's say your law enforcement, I'm the suspect and law enforcement wants to have a neutral
[3:08] party.
[3:09] It could be the victim, not a neutral party, or a witness, call me to try to lure me into
[3:14] they don't have enough evidence.
[3:16] They want to lure me into making an admission, right, to solidify their case.
[3:22] They can call me on a recorded line, okay, and we see this all the time in typically sex
[3:29] cases, right, where there's an allegation that somebody committed an act of sexual battery
[3:36] and there's no evidence, right, maybe it's a delayed report, there's no scientific evidence.
[3:43] So what they'll have is they'll have the victim or a witness call the suspected perpetrator
[3:50] and try to get that person to admit, well, I thought you agreed, I thought you consented.
[3:57] That's going to be it, right, something like that.
[4:00] And people will sometimes say anything on a recorded line just to get off the phone, you know,
[4:07] if somebody's calling you and asking you about a crime, hang up, I don't know what you're
[4:11] talking about.
[4:12] Crank caller, whatever it is, get off the phone, do not make that admission.
[4:17] I'm not going to be able to suppress that.
[4:19] You don't have a fourth or a fifth or a sixth amendment right at that time.
[4:25] Do not make those admissions on the phone.
[4:28] What can prosecutors try to establish the word someone uses on a recorded call?
[4:32] They can, they can prove the crime.
[4:34] So the easiest thing that they, you know, they can try to establish motive, they can try
[4:37] to establish identity, they can try to establish that this is the person who committed the
[4:42] crime.
[4:43] Like I said, we mostly see these in sex cases, but, you know, if you were talking about
[4:48] a bunch of people who attacked somebody, right, and that, and somebody was to call and say,
[4:55] hey, I heard you got into a fight and, and you're one of the people who jumped so and so, right?
[5:01] You know, they may get me on the phone to make an admission and say, well, I didn't jump him,
[5:06] but I did get a couple of kicks in, I really don't like that kid, right?
[5:10] Something like that, you could see that happening in a situation where they're trying to
[5:16] establish that I was one of the perpetrators.
[5:18] But we really see it typically in, you see it in drug cases all the time where a confidential
[5:25] informant is making a phone call to somebody who is going to be delivering drugs.
[5:31] So you see that all the time there, you see it in sex cases.
[5:35] And again, we see it all the time with people in jail, making a phone call to loved ones
[5:41] and discussing the facts and circumstances of their case.
[5:44] You got to talk about a little earlier, but, but how are these jail calls used to get somebody,
[5:48] you know, during a pending criminal case?
[5:50] Well, you know, like I said, when you go into the jail, you have to register with an account.
[5:55] And when you register with an account, you get a pin and you say your name.
[5:58] So that pin is assigned to me.
[6:01] So what happens is that company that is, that is charging you for this jail call, right?
[6:08] They charge you for the jail call.
[6:10] They're also routing that call to your prosecutor.
[6:14] So it's not like the prosecutor has to look for a needle in a haystack.
[6:18] They get, they can register for which calls they want.
[6:21] So my pen, one, two, three, four, Michael Gottlieb.
[6:24] They register, yeah, I want to hear every single call this guy's making.
[6:27] Because let's just say it's an armed robbery, real serious charge.
[6:30] I'm looking at life in prison.
[6:32] They register with my pen.
[6:33] Every single time I make a phone call, they know who it is.
[6:37] Now here's something Evan that's really interesting, right?
[6:40] When I register my numbers, I'm going to register my girlfriend, right?
[6:43] Because I want to talk to my girlfriend while I'm in jail.
[6:46] Right.
[6:47] They're going to register her number, okay, associated with me.
[6:52] So I think I'm smart.
[6:53] I'm going to outsmart the system.
[6:55] I'm going to use my bunkies pin number to make my phone call.
[7:00] But I'm going to call my girlfriend.
[7:02] They're still going to find it.
[7:03] They're still going to listen to it because they're doing it through the back door.
[7:06] Back door of my girlfriend's number.
[7:09] Wow.
[7:10] Don't try to trick the system.
[7:11] You're not going to beat it.
[7:12] You're in jail.
[7:13] Your best decision making.
[7:15] Landed you in jail.
[7:16] Don't try to beat the system.
[7:17] So what happens when the prosecution's interpretation kind of differs from a statement, you know, the speaker actually meant.
[7:24] So, you know, that's, that's really interesting.
[7:26] We have a lot of times where people will try to talk in code.
[7:31] They won't name names.
[7:32] They'll try to be really vague.
[7:34] And those conversations can be misinterpreted.
[7:38] The problem is, if you have to look at the context of it, right, you might not be saying that you.
[7:44] I've had people say, yeah, I, I need an, I need an onion when they're talking about a drug deal.
[7:50] Okay, well, onion is ounce, right?
[7:52] I mean, it's not really that complex in terms of, you know, what you're talking about.
[7:56] Some people may say, I'm going to commit a lick.
[7:59] Well, that's a robbery, right?
[8:00] So there's, there's terminology.
[8:02] The cops know this terminology.
[8:04] So, you know, some of that stuff is not necessarily subject to interpretation because those are known terminologies.
[8:12] Then there's other times where people are going to try to use confusing terminology, change people's names.
[8:18] But if you're already talking about it, you're basically putting yourself there in the scene saying that you were there.
[8:25] The better thing is just talk about how crappy the conditions are in jail and how much you miss your loved ones.
[8:31] Do not talk about the facts and circumstances of the case.
[8:35] Talk about the great lawyer that you hired who's going to get you out.
[8:39] Do not talk about the facts and circumstances of your case.
[8:41] Can a recording, you know, be challenged because someone challenged a recording.
[8:45] If, if part of the conversation is unclear or, or difficult to hear.
[8:50] Yeah, of course, but what a judge is typically going to say is I'm going to let that be up to the jury to decide, right?
[8:56] So, you know, we're going to let you decide unless it's really so unclear that it's not subject to a clean interpretation.
[9:04] You know, but let's say there's, there's a lot of noise in the background.
[9:06] Some inmates are yelling, so on and so forth.
[9:09] Or the person on the other end has the TV on loud, which you hear sometimes.
[9:14] That's going to go to not the admissibility of the evidence, right?
[9:19] So the things that a judge looks to is, is this relevant?
[9:22] Well, sure, it's relevant. They're talking about the crime.
[9:25] They're talking about the day of the events.
[9:27] They're talking about the people involved.
[9:29] It's relevant.
[9:31] What weight should the jury give it because it's a conversation that's hard to interpret.
[9:36] That's up for the jury to decide, right? The jury can say, so we talk about Lady Justice.
[9:41] She's blindfolded the scales of justice, right?
[9:44] They can say, nah, we're going to give that only this much weight as opposed to a clear admission.
[9:48] We're giving it that much weight, right?
[9:50] That's really going to weigh down the scales of justice.
[9:52] So it's going to be admissible in almost every circumstance.
[9:56] It's just how much consideration should the jury give to it in order to decide if you're guilty or innocent.
[10:03] Mike, do you have an example of a case where recorded conversation changed the direction of the case?
[10:08] Most of those would be, so because the answer is yes, right?
[10:13] I've got a lot of cases that are drug cases where you can hear that a person's reluctant.
[10:18] And so you can alleged an entrapment, you know, where the, where the informant says over and over again, come on.
[10:24] You know, just do it for me, so on and so forth.
[10:26] You can hear that. So that's, that's kind of bad police work.
[10:29] I've had recorded conversations where people, I, I had one for 45 minutes.
[10:35] This guy admitted to every single act that he was accused of and just kept apologizing over and over and over again.
[10:44] And this was, you know, this was a face to face recorded conversation outside in a park.
[10:50] So there was like audio video.
[10:52] Yeah, I mean, it really changes the case.
[10:56] I also had another one that was 11 minutes long.
[11:00] And it was a recorded conversation and my client quasi admitted, not a full blown admission, but a quasi admission.
[11:08] And the truth of the matter was he wasn't really admitting he wanted to be off the phone.
[11:13] He wanted his life restored. It was a sexual allegation.
[11:17] And he wanted the victim to be heard.
[11:20] So he said what he wanted her, what he knew she wanted to hear.
[11:26] Okay, he really, that's why I say it was a quasi admission. He didn't admit to committing the crime.
[11:30] But he knew that this person was calling him because they were trying to his an allegation of date rape and they were trying to get closure.
[11:38] He saw it as trying to get closure. So you know what, there's times and we've all been in that kind of argument where we say, okay, you know what?
[11:46] It instead of adding fuel to the fire, I'll just concede.
[11:50] And so he gave this concession type statement, wound up getting arrested for it.
[11:56] But we went to trial.
[11:58] We played it for the jury. I played it for the jury in my opening statement played it for the jury played it for the jury on cross examination played it for the jury on direct examination cross examination of the victim direct examination of my client played it over and over and over again.
[12:13] It's desensitized the jury to it because they needed to hear it for what it was.
[12:18] And it was him just telling the version that she wanted to hear so that he could stop the allegations, get his life back and move on.
[12:28] And in that case, we actually got a not guilty verdict.
[12:31] And that's one time where recording helped and saved my client.
[12:36] I still would suggest not talking, you know, but it worked in this instance.
[12:42] And I think some of it was great clients. Some of it was great lawyer.
[12:45] It worked. It helped. I wouldn't recommend talking on a on a recorded line.
[12:50] Even though you don't know you're being recorded. Try not to do it.
[12:53] Last one for I get you out of your Michael. What what happens if there's a dispute or overs who is actually speaking on a recording.
[13:00] So that's, you know, that's typically not such a difficult thing to prove.
[13:06] It can be with law enforcement cases when the police don't know the person.
[13:10] But in a situation of a sexual assault.
[13:13] And these are typically not unknown to one another. So these are people who are known to one another.
[13:18] So you'll call and you'll say, hey, can I speak to Mike or hey, Mike, this is so and so. Right.
[13:24] So you're identifying the person and that's not like I'm saying, well, this isn't Mike. I mean, you know, you're also calling the phone number that is associated with that person.
[13:34] So when the police are calling me on a controlled phone call, they're going to start it out. And they're going to say, okay, today is September 2nd.
[13:43] 2026 the time is 315 p.m. We're calling Michael Gottlieb at 9546820999.
[13:53] And then go forward with that controlled phone call.
[13:56] It was a godlieb, sir. It was a pleasure. Thank you.
[13:58] Always. Thank you.
[13:59] That's it for today's episode of come back with a warrant for more resources, notable case results, or the schedule of consultation regarding your specific situation.
[14:07] Visit browarticriminallawyer.com or call that number 9546820999.
[14:14] Thank you for listening. Like leave a review or subscribe to the show so you don't miss the next episode.
[14:19] And we'll see you all next time.
[0:03] Welcome back to come back with a warrant with attorney Michael Gottlieb.
[0:10] The American legal system is built on a simple premise.
[0:13] You are innocent until proven guilty.
[0:15] But in the court rooms of South Florida, that premise is challenged every single day for
[0:19] three decades.
[0:20] Michael has stayed between the state and the accused litigating over 150 jury trials in state
[0:25] and federal courts from the Florida legislator to the Broward County defense bars.
[0:30] His work is centered on a single mission protecting constitutional rights that keep us
[0:34] free.
[0:35] I'm Evan maggot today.
[0:36] We're talking about the different ways recorded conversations can become evidence.
[0:40] What prosecutors may try to prove with someone's own words.
[0:43] And why the circumstances surrounding a recording can completely change how it is interpreted
[0:47] Michael sir.
[0:48] Welcome back.
[0:49] Thanks Evan.
[0:50] Thanks for having me here and I'm looking forward to talking today.
[0:52] Let's do it.
[0:53] Let's do it.
[0:54] Michael, what kinds of recorded calls or conversations commonly become evidence in the criminal
[0:59] cases.
[1:00] Jail calls.
[1:01] That's the easiest one.
[1:02] Jail calls.
[1:03] It says you are on a recorded line and the first thing people do like the first phone call
[1:09] they do they call friends and family and they spill the tea.
[1:12] I mean, please, what are you doing?
[1:15] You know, it's so crazy.
[1:17] You hear that you're being recorded.
[1:19] You know you're being recorded.
[1:21] Why are you talking the state attorney the way it works at least in the jurisdiction that
[1:26] I practice most out of every single time you make a jail phone call their phone rings.
[1:32] So they know they have the opportunity to listen in real time and they do on serious
[1:36] cases.
[1:38] Jail phone calls.
[1:39] Stop talking on the phone.
[1:41] It's hurting you.
[1:43] But Mike, in the state of Florida, can someone legally record your voice or your message without
[1:49] you knowing it?
[1:50] Is that legal in state of Florida?
[1:51] It is 100% legal for law enforcement to record for law enforcement purposes.
[1:59] It's also 100% legal to record as long as you're giving the warning, specifying that this
[2:06] call is being recorded and the person is placed on notice.
[2:09] It is illegal in the state of Florida.
[2:11] We are a two party consent state.
[2:14] So it is illegal to record without both parties consenting to the recording being made in the
[2:21] state of Florida under Florida law.
[2:23] There's exceptions.
[2:25] In the federal jurisdiction, it's a one party consent.
[2:29] And from other states, there are other states that are one party consent states.
[2:33] So if the call is originating out of, let's say, New York, which I believe is a one party
[2:37] consent state, the person in New York can record the call, but the person in Florida cannot.
[2:44] So yeah, it gets a little dicey.
[2:48] So how do these control calls work when law enforcement asks to record a conversation with
[2:53] the person they're investigating?
[2:54] So there's an exception in Florida law that allows for exactly what you just said, Evan,
[2:59] which is a controlled phone call.
[3:01] So let's say your law enforcement, I'm the suspect and law enforcement wants to have a neutral
[3:08] party.
[3:09] It could be the victim, not a neutral party, or a witness, call me to try to lure me into
[3:14] they don't have enough evidence.
[3:16] They want to lure me into making an admission, right, to solidify their case.
[3:22] They can call me on a recorded line, okay, and we see this all the time in typically sex
[3:29] cases, right, where there's an allegation that somebody committed an act of sexual battery
[3:36] and there's no evidence, right, maybe it's a delayed report, there's no scientific evidence.
[3:43] So what they'll have is they'll have the victim or a witness call the suspected perpetrator
[3:50] and try to get that person to admit, well, I thought you agreed, I thought you consented.
[3:57] That's going to be it, right, something like that.
[4:00] And people will sometimes say anything on a recorded line just to get off the phone, you know,
[4:07] if somebody's calling you and asking you about a crime, hang up, I don't know what you're
[4:11] talking about.
[4:12] Crank caller, whatever it is, get off the phone, do not make that admission.
[4:17] I'm not going to be able to suppress that.
[4:19] You don't have a fourth or a fifth or a sixth amendment right at that time.
[4:25] Do not make those admissions on the phone.
[4:28] What can prosecutors try to establish the word someone uses on a recorded call?
[4:32] They can, they can prove the crime.
[4:34] So the easiest thing that they, you know, they can try to establish motive, they can try
[4:37] to establish identity, they can try to establish that this is the person who committed the
[4:42] crime.
[4:43] Like I said, we mostly see these in sex cases, but, you know, if you were talking about
[4:48] a bunch of people who attacked somebody, right, and that, and somebody was to call and say,
[4:55] hey, I heard you got into a fight and, and you're one of the people who jumped so and so, right?
[5:01] You know, they may get me on the phone to make an admission and say, well, I didn't jump him,
[5:06] but I did get a couple of kicks in, I really don't like that kid, right?
[5:10] Something like that, you could see that happening in a situation where they're trying to
[5:16] establish that I was one of the perpetrators.
[5:18] But we really see it typically in, you see it in drug cases all the time where a confidential
[5:25] informant is making a phone call to somebody who is going to be delivering drugs.
[5:31] So you see that all the time there, you see it in sex cases.
[5:35] And again, we see it all the time with people in jail, making a phone call to loved ones
[5:41] and discussing the facts and circumstances of their case.
[5:44] You got to talk about a little earlier, but, but how are these jail calls used to get somebody,
[5:48] you know, during a pending criminal case?
[5:50] Well, you know, like I said, when you go into the jail, you have to register with an account.
[5:55] And when you register with an account, you get a pin and you say your name.
[5:58] So that pin is assigned to me.
[6:01] So what happens is that company that is, that is charging you for this jail call, right?
[6:08] They charge you for the jail call.
[6:10] They're also routing that call to your prosecutor.
[6:14] So it's not like the prosecutor has to look for a needle in a haystack.
[6:18] They get, they can register for which calls they want.
[6:21] So my pen, one, two, three, four, Michael Gottlieb.
[6:24] They register, yeah, I want to hear every single call this guy's making.
[6:27] Because let's just say it's an armed robbery, real serious charge.
[6:30] I'm looking at life in prison.
[6:32] They register with my pen.
[6:33] Every single time I make a phone call, they know who it is.
[6:37] Now here's something Evan that's really interesting, right?
[6:40] When I register my numbers, I'm going to register my girlfriend, right?
[6:43] Because I want to talk to my girlfriend while I'm in jail.
[6:46] Right.
[6:47] They're going to register her number, okay, associated with me.
[6:52] So I think I'm smart.
[6:53] I'm going to outsmart the system.
[6:55] I'm going to use my bunkies pin number to make my phone call.
[7:00] But I'm going to call my girlfriend.
[7:02] They're still going to find it.
[7:03] They're still going to listen to it because they're doing it through the back door.
[7:06] Back door of my girlfriend's number.
[7:09] Wow.
[7:10] Don't try to trick the system.
[7:11] You're not going to beat it.
[7:12] You're in jail.
[7:13] Your best decision making.
[7:15] Landed you in jail.
[7:16] Don't try to beat the system.
[7:17] So what happens when the prosecution's interpretation kind of differs from a statement, you know, the speaker actually meant.
[7:24] So, you know, that's, that's really interesting.
[7:26] We have a lot of times where people will try to talk in code.
[7:31] They won't name names.
[7:32] They'll try to be really vague.
[7:34] And those conversations can be misinterpreted.
[7:38] The problem is, if you have to look at the context of it, right, you might not be saying that you.
[7:44] I've had people say, yeah, I, I need an, I need an onion when they're talking about a drug deal.
[7:50] Okay, well, onion is ounce, right?
[7:52] I mean, it's not really that complex in terms of, you know, what you're talking about.
[7:56] Some people may say, I'm going to commit a lick.
[7:59] Well, that's a robbery, right?
[8:00] So there's, there's terminology.
[8:02] The cops know this terminology.
[8:04] So, you know, some of that stuff is not necessarily subject to interpretation because those are known terminologies.
[8:12] Then there's other times where people are going to try to use confusing terminology, change people's names.
[8:18] But if you're already talking about it, you're basically putting yourself there in the scene saying that you were there.
[8:25] The better thing is just talk about how crappy the conditions are in jail and how much you miss your loved ones.
[8:31] Do not talk about the facts and circumstances of the case.
[8:35] Talk about the great lawyer that you hired who's going to get you out.
[8:39] Do not talk about the facts and circumstances of your case.
[8:41] Can a recording, you know, be challenged because someone challenged a recording.
[8:45] If, if part of the conversation is unclear or, or difficult to hear.
[8:50] Yeah, of course, but what a judge is typically going to say is I'm going to let that be up to the jury to decide, right?
[8:56] So, you know, we're going to let you decide unless it's really so unclear that it's not subject to a clean interpretation.
[9:04] You know, but let's say there's, there's a lot of noise in the background.
[9:06] Some inmates are yelling, so on and so forth.
[9:09] Or the person on the other end has the TV on loud, which you hear sometimes.
[9:14] That's going to go to not the admissibility of the evidence, right?
[9:19] So the things that a judge looks to is, is this relevant?
[9:22] Well, sure, it's relevant. They're talking about the crime.
[9:25] They're talking about the day of the events.
[9:27] They're talking about the people involved.
[9:29] It's relevant.
[9:31] What weight should the jury give it because it's a conversation that's hard to interpret.
[9:36] That's up for the jury to decide, right? The jury can say, so we talk about Lady Justice.
[9:41] She's blindfolded the scales of justice, right?
[9:44] They can say, nah, we're going to give that only this much weight as opposed to a clear admission.
[9:48] We're giving it that much weight, right?
[9:50] That's really going to weigh down the scales of justice.
[9:52] So it's going to be admissible in almost every circumstance.
[9:56] It's just how much consideration should the jury give to it in order to decide if you're guilty or innocent.
[10:03] Mike, do you have an example of a case where recorded conversation changed the direction of the case?
[10:08] Most of those would be, so because the answer is yes, right?
[10:13] I've got a lot of cases that are drug cases where you can hear that a person's reluctant.
[10:18] And so you can alleged an entrapment, you know, where the, where the informant says over and over again, come on.
[10:24] You know, just do it for me, so on and so forth.
[10:26] You can hear that. So that's, that's kind of bad police work.
[10:29] I've had recorded conversations where people, I, I had one for 45 minutes.
[10:35] This guy admitted to every single act that he was accused of and just kept apologizing over and over and over again.
[10:44] And this was, you know, this was a face to face recorded conversation outside in a park.
[10:50] So there was like audio video.
[10:52] Yeah, I mean, it really changes the case.
[10:56] I also had another one that was 11 minutes long.
[11:00] And it was a recorded conversation and my client quasi admitted, not a full blown admission, but a quasi admission.
[11:08] And the truth of the matter was he wasn't really admitting he wanted to be off the phone.
[11:13] He wanted his life restored. It was a sexual allegation.
[11:17] And he wanted the victim to be heard.
[11:20] So he said what he wanted her, what he knew she wanted to hear.
[11:26] Okay, he really, that's why I say it was a quasi admission. He didn't admit to committing the crime.
[11:30] But he knew that this person was calling him because they were trying to his an allegation of date rape and they were trying to get closure.
[11:38] He saw it as trying to get closure. So you know what, there's times and we've all been in that kind of argument where we say, okay, you know what?
[11:46] It instead of adding fuel to the fire, I'll just concede.
[11:50] And so he gave this concession type statement, wound up getting arrested for it.
[11:56] But we went to trial.
[11:58] We played it for the jury. I played it for the jury in my opening statement played it for the jury played it for the jury on cross examination played it for the jury on direct examination cross examination of the victim direct examination of my client played it over and over and over again.
[12:13] It's desensitized the jury to it because they needed to hear it for what it was.
[12:18] And it was him just telling the version that she wanted to hear so that he could stop the allegations, get his life back and move on.
[12:28] And in that case, we actually got a not guilty verdict.
[12:31] And that's one time where recording helped and saved my client.
[12:36] I still would suggest not talking, you know, but it worked in this instance.
[12:42] And I think some of it was great clients. Some of it was great lawyer.
[12:45] It worked. It helped. I wouldn't recommend talking on a on a recorded line.
[12:50] Even though you don't know you're being recorded. Try not to do it.
[12:53] Last one for I get you out of your Michael. What what happens if there's a dispute or overs who is actually speaking on a recording.
[13:00] So that's, you know, that's typically not such a difficult thing to prove.
[13:06] It can be with law enforcement cases when the police don't know the person.
[13:10] But in a situation of a sexual assault.
[13:13] And these are typically not unknown to one another. So these are people who are known to one another.
[13:18] So you'll call and you'll say, hey, can I speak to Mike or hey, Mike, this is so and so. Right.
[13:24] So you're identifying the person and that's not like I'm saying, well, this isn't Mike. I mean, you know, you're also calling the phone number that is associated with that person.
[13:34] So when the police are calling me on a controlled phone call, they're going to start it out. And they're going to say, okay, today is September 2nd.
[13:43] 2026 the time is 315 p.m. We're calling Michael Gottlieb at 9546820999.
[13:53] And then go forward with that controlled phone call.
[13:56] It was a godlieb, sir. It was a pleasure. Thank you.
[13:58] Always. Thank you.
[13:59] That's it for today's episode of come back with a warrant for more resources, notable case results, or the schedule of consultation regarding your specific situation.
[14:07] Visit browarticriminallawyer.com or call that number 9546820999.
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