Summary
In Florida, law enforcement can conduct controlled phone calls as part of investigations, even if a restraining order is involved. However, legal procedures must be followed to ensure the evidence is admissible in court. If you are facing prosecution for a restraining order violation due to such a call, it is crucial to seek legal advice. Consider contacting a local criminal defense attorney, especially if you need pro bono assistance, to understand your rights and options.Full Conversation
****, my question is " in the state of Florida is it legal for a sheriff office have a person with a restraining order against another person call the person who the restraining order is against in a controlled phone call?
Hi ****! In Florida, it is generally not legal for someone with a restraining order to contact the person against whom the order is issued, even in a controlled setting. However, there might be exceptions in specific circumstances, such as law enforcement investigations.
Do you have more details about the situation or any specific concerns regarding the controlled phone call?
I am the defendant in a case where a restraining order was issued against me. Then someone was sending the victim text messages from text now app numbers. The victim went to the sheriff's office and told them she believed I was involved. So they had her do a controlled phone call to me without my knowledge of this being recorded or anything starting asking me questions and from misunderstanding of * question they are now prosecuting me for violation of restraining order
It sounds like a complex situation, ****. In Florida, law enforcement can use controlled phone calls as part of their investigation. However, your rights, including the right against self-incrimination, should be protected.
- The controlled call must comply with legal procedures.
- Any evidence obtained must be legally admissible.
Would you like to be connected to a local lawyer who can provide detailed guidance on your case?
Yes. But I need a pro Bono criminal defense attorney because I don't have any income at this time.
Case Rating: *
Since this seems like a high value case, I can help you connect with local lawyers who can better assist you with your case.
What is your phone number?
* *-*. This case goes to manidtory docketing on */*/* *.days from now in Polk county Florida
Case Rating: *
Since this seems like a high-value case, I can help you connect with local lawyers who can better assist you with your case.
What is your name?
**** Benjamin Hand
Case Rating: *
Great, ****. Could you please provide your zipcode?
*
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly.
For your records below is the information I gathered
Name: **** Benjamin Hand
Email: * *-3917none@none.com
Phone: * *-*
Zipcode: *
Reason: Prosecuted for violation of restraining order after controlled phone call by sheriff's office
From: FreeLawChatAi
Is there anything else I can help you with?
That's all for now thanks
Case Rating: *
You're welcome, ****! If you need further assistance in the future, feel free to reach out. Best of luck with your case!
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