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Federal Defense Attorney for Wiretapping Charges

Defending Against Federal Wiretapping Charges

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. Wiretapping is considered to be a white-collar crime, but be aware that not all white-collar criminal defense lawyers have the same level of expertise in this unique niche. Before you search for an experienced lawyer, however, you should learn more about the nature of the charges in front of you and the steps your lawyer may take to defend you against the charges.

Understanding 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.

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.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

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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