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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Federal Defense Attorney for Wiretapping Charges

By Spodek Law Group | July 26, 2023
(Last Updated On: August 1, 2023)

Last Updated on: 1st August 2023, 03:43 pm

Understanding Wiretapping Laws and the Need for a Strong Defense


If you have been accused of violating wiretapping laws, you may be facing several years in federal prison if you are convicted. This is a serious crime that indicates the intentional act of violating someone else’s right to privacy. Because of the severity of the charges that you face and the penalties associated with a conviction, you need to develop a strong defense.

The Nature of Wiretapping Laws

The United States passed the Wiretap Act to address the problem of electronic eavesdropping. This act was amended and strengthened by the Electronic Communications Privacy Act in 1986. Today’s federal laws specifically prohibit an individual or an entity from secretly recording communications that were intended to be kept private. These communications include phone calls, in-person conversations, text messages, emails, and more. Common devices that have been used in wiretapping cases include smartphones, drones, nanny cams, hidden microphones, and more.

Exceptions to Wiretapping Laws

However, there are many exceptions to the wiretapping laws. For example, a warrant could give law enforcement officials the right to monitor communications without the parties’ knowledge. Another exception is when one person is aware that the communication is being recorded. This means that the person recording the conversation can be in the room and part of that conversation or that the person recording the conversation has the consent of one or both of the other individuals.

Federal wiretapping laws cover more than the physical act of recording a private conversation. The laws also prohibit another party from possessing illegally obtained communications, using them for any purpose, and disclosing that information to other parties. Keep in mind that you do not need to be successful in your efforts. The law covers the intentional interception of communications and the attempt to intercept communications. It also covers oral communications and electronically-conveyed communications. In addition, the possession of wiretapping equipment is prohibited.

Penalties for Wiretapping Charges

There are several types of wiretapping charges that a defendant may face. In some cases, defendants face multiple types of wiretapping charges as well as other types of charges. If you are convicted of intentional wiretapping or endeavoring to wiretap, you may be imprisoned for up to five years. Individuals can also be fined up to $250,000, and organizations may be fined up to $500,000. If you are found guilty of distributing, manufacturing, possessing, or advertising wiretapping equipment, you may face similar penalties. Comparable penalties are also in place for using or disclosing the information collected through illegal wiretapping.

Additional penalties may also apply in some situations. For example, the government may seize the wiretapping equipment. In addition, if the offense resulted in the victim’s financial loss or in your financial gain, you may have to pay a fine that is up to twice that amount. A civil lawsuit may also be filed against you by the victim.

Defense Strategies for Wiretapping

The one-party consent rule is an acceptable defense that has been used in a range of wiretapping cases over the years. Through this defense, the attorney will attempt to prove that the defendant did not intend to intercept the communication. Otherwise, you have the right to record the communication provided you are a contributing party in the conversation. The courts have consistently upheld the fact that consent can be given explicitly or implicitly. However, the consent defense is only applicable if the communication was made freely as opposed to coerced.

Another defense strategy is to rely on a lack of intent. Be aware that the defendant’s lack of knowledge of the law is not an acceptable defense. However, the unintentional interception of a conversation can be used as a defense.

Contact a Defense Lawyer Today

Have you been accused of a violation of federal wiretapping laws? Prior to going to trial, your attorney may work to have charges reduced or dropped. A plea bargain may be arranged through the work of your attorney. If the matter goes to court, your attorney will require ample time to prepare the defense. With these factors in mind, the time to request an initial consultation with a defense lawyer is today.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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