Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Judges have broad discretion to impose jail sentences or other penalties for probation violations, subject to the maximum limits of a particular state statute. Call Best Minnesota Criminal Defense Lawyer Lynne Torgerson today at (612) The fees will cover the arraignment and the hearing. Basically, to ensure that your complaint will not go to someone complicit in the corruption, it is generally a good idea to send a written complaint to multiple different agencies, both federally and within your state. Then the court would schedule a probation violation hearing. Home; Thursday, October 27, 2022. It doesnt matter if you have a defense or not. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. The sooner you call us the better. Many times probation violations are so strict, you can trigger a violation with a minor charge, and if this is the case, bail is not necessary, and the judge may admit and reinstate you. That little change makes a big difference. WebAn attorney can work with you to gather evidence and build a strong case to dispute your traffic ticket. If you face a revocation hearing, be sure to consult an experienced criminal defense lawyer who can represent you in court. Search, Browse Law WebDisposition of lawyer discipline shall be public in cases of disbarment, suspension, probation, and reprimand. The information contained in this answer is not a substitute for hiring a lawyer and does not create an attorney-client relationship. Possessing, using or selling of illegal drugs. Any one of these violations can result in a bench warrant being issued for your arrest by the court. A Probation Violation Can Carry Serious Consequences. The threat of incarceration looming over the probationer becomes a reality. Contact 508-792-9900 to hire an attorney. Turn on the Highlights tool whenever you need an extra check of your If you're found guilty of a probation violation, sentencing will occur shortly after the hearing, at which time the court may extend your probation, impose additional probation terms, order you to serve a brief time in jail, or revoke your probation altogether and require you to serve out any remaining time of your original sentence in prison. On the other hand, a substantive violation occurs when you commit other crimes while still in violation. As a general matter, mouthwash can cause you to fail an interlock breath test for alcohol. N.M. R. Crim. Your probation officer might give you a warning. Factors a judge might consider include the nature, type, and seriousness of the violation claimed, as well as a history of prior probation violations and other aggregating or mitigating circumstances. WebContact a Criminal Defense Attorney. At a first hearing, probation violation attorney mr. Contact an experienced attorney for help. Defendants who are convicted of misdemeanors or felonies face jail or prison time. Jobs sometimes put conditions on promotions. These conditions may include having to do community service hours, not to use illegal drugs, having to consent to random searches, no new criminal activity, stay in your anger management classes and to stay in a treatment program.Failure to comply with these terms will result in a violation of probation. Yevheniia browses through the most interesting and relevant news in the legal and legaltech world and collects them on Lawrinas blog. However, I have seen probation terms for probation going up to 5 years. Adhered to the terms of your probation. A Marietta criminal defense attorney can negotiate with prosecutors and/or probation officers and change the arrest trigger to a conviction trigger. We frequently represent people who are accused of probation violations. If you have questions about probation in Pennsylvania or youve been accused of violating your probation, contact us online or call 610-820-5450 to schedule a consultation. The alcohol liaison is the court liaison between the court and the alcohol program as part of their original sentence. Where guilt is proven, the judge will then decide on what sentence is appropriate or in some cases mandated for violation of probation. When a person wants to expunge a case, they must also be careful not to violate probation. I am in Texas - Texas Criminal Law Questions & Answers - Justia Ask a Lawyer They will merely say that they have found another more qualified candidate. More about our Notable Victories and Press, Attorney Advertising. In Los Angeles, it is 3 years, and OC, it is generally 3 years. In short, probation is a type of sentence in a criminal case that is available in lieu of serving time in prison. Officers only need probable cause to arrest suspects. Judges do not *always* side with a probation officers recommendation in a probation violation case. With more than 30 years of experience in the New York legal system, Lisa Pelosi has helped people just like you negotiate favorable outcomes in probation violation cases. Finally, the one I see the most is not paying your fines on a first offense DUI or doing your community service. A probation violation hearing is a legal proceeding in a criminal court case whereby a judge determines whether or not the defendant is in violation of the terms and conditions of probation.this can occur for defendants serving either misdemeanor probation or felony probation. Parole; Probation; Search & Seizure; Sex Crimes. The onus of proof lies with the prosecution, meaning they need to prove their case against you. I know that many probations are minor and do not warrant an arrest warrant. If the victim of the defendant suffered monetary or even physical impairment, a fine may be instituted to make them whole. You are entitled to be heard by a judge who will determine if the allegation is true. They can also negotiate your citation and reduce the fine you pay or points you receive if your case is not completely dismissed. Yes. Having an attorney familiar with the probation violation system can mean the difference between spending time in jail or staying out of jail. In legal matters, you are entitled to ask for a defense attorney to give you the best legal assistance in your case. A violation of probation attorney with experience, like the lawyers at Murphy & Rudolf, LLP, can represent you in front of a probation officer court hearing and achieve favorable outcomes. If you violate the terms of probation, a probation officer is permitted to arrest you without a warrant. Legally reviewed by Joseph Bui, Esq. An adverse consequence of an Alford plea is that a probation officer and judge may feel that your failure to take full responsibility for your conduct weighs against a lenient sentence. You will make your case to refute or suggest mitigation. They feel that they do not have to go because they have already completed the class. The judge who ordered you to be arrested can also set a bond amount so that you can be released from jail pending your hearing on the motion to revoke. WebBy hiring a lawyer to explain the matter to the judge, the probation member may stand a higher chance of a warning or lesser penalties than if evidence comes to light that the violation occurred but he or she lies about having any involvement. The severity of your first violation will depend on the alleged probation violation. WebProbation Violation Lawyer in Phoenix Arizona - Castillo Law Schedule your free consultation (480) 206-5204 | 2025 N 3rd St. Ste. The maximum you can get is a year in jail. Be in full control over every editing decision, but have the power of machine Common tasks that always come with an Orange County Probation Violation can include a fine, need to work on public works construction projects, you stay employed, refrain from drug and or alcohol use, and for some sex crimes, you wear an electronic monitoring device. A probation violation is a serious offense that occurs when a person avoids or breaks any of the terms or conditions of his or her probation. However, if convicted of felony probation, then the procedure will be different, you will have supervised probation, the maximum penalty will be higher, and you will be subject to additional probation terms. Failure to retain employment or attend further education. You cant expunge a California case as easily when you have a technical violation. While probation officers are supposed to stick to just the court ordered monitoring, horror stories of corruption abound. Even if a warrant issued for your arrest because of a Motion to Adjudicate or Motion to Revoke, this does not mean you sunk. Keep in mind that the preponderance of the evidence is a lower bar than reasonable doubt. First, you have to be off probation. Violations as a new criminal offense are common. when You visit Our Site or Service on Your browser or mobile device, login to Your User Account on There are consequences for not paying fines. Do you have a probation violation or motion to revoke your probation pending? assigned probation officer, or parole officer, can often make life miserable, even if recording a police encounter would be legal. At least in Orange County, if you are kicked out of your class for excessive absences, coming to class under the influence of alcohol, or missing too many counseling sessions, then the class will let you know ahead of time. However, in order to expunge, a California criminal charge takes work. In most cases you will have only informal probation. If you cannot afford a lawyer or find non-profit assistance, you can attempt to handle the matter on your own. Generally, probation agreements state that a criminal arrest violates probation. Violating your probation can land you in jail or prison. Your probation may revoked, at least in part, based upon a failure to follow any of the conditions of your probation. Defendants caught (either by police or probation officers) violating a condition of probation are subject to having their probation revoked (taken away) and all or part of the original suspended jail or prison sentence imposed. Read 1 Answer from lawyers to Can a lawyer negotiate a violation of probation warrant without me being arrested. If you need an attorney, find one right now. But probation is not simply a "get-out-of-jail-free" card. These hearings begin with a motion to revoke probation with the court and often end with a warrant for arrest being issued. In normal circumstances, the probation will stipulate different conditions for the offender to abide by. Violating your probation can land you in jail or prison. Visit our attorney directory to find a lawyer near you who can help. But if the violation is a failure to report, they probably wont, because you failed to report, and they are not going to go look for you to remind you. Changes could mean needing to meet the officer more regularly to attending rehabilitation, counseling, or further community service. Probation violation can happen in several ways that may include one probation violation, not paying fines, or any of the following: The above violations fall under technical. Your use of Our Site over time so that they may play or display ads on devices You may use, and on Probation violation can happen in several ways that may include one probation violation, not paying fines, or any of the following: But the officer could also treat it as a violation. A.Violation of probation. Hiring an attorney to defend you against an accusation that you violated your probation is the best way to defend yourself in court. However, the problem here is that when a person is seeking early termination of probation, they are usually seeking a job. This happens beacuse the victim did not bother to go to PEP classes for the purpose of getting a peaceful contact order and the defendant just decided to ignore the stay away order. One of the most common types of probation is forgetting to enroll in a class or alcohol treatment. The penalties in question can be reasonably trivial for unintentional violations but in more serious cases, legal representation is a must. This sometimes results in a person less qualified to get a job over a person who is qualified. This is one of the primary reasons why you should retain an experienced Northwest Indiana probation violation attorney. It's challenging to handle a personal injury case on your own. If Daniel violates probation and the judge decides to revoke and terminate probation, the judge has no choice but to send him to prison for three years (the five-year maximum is off the table here). A local attorney or other expert legal advisers can help you understand the rights available to you at a probation hearing in your particular state. There is no set rule as to what happens immediately after a probation violation is reported. Heres how the experienced tampa probation violation attorneys at taracks & associates can help. WebBest Practices at Probation Violations Hearings Probation Officers I. PV Arraignments/JC2 GOAL: To provide as much information as possible regarding alleged violations to DAs and defense lawyers as quickly as possible so they can adequately prepare for hearings. Meeting with a lawyer can help you understand your options and how to best protect your rights. Some probationers, particularly when faced with substantive violations, choose to waive their right to a revocation hearing and negotiate a plea bargain. However, if you are able to work with a law enforcement agency or department, you may be able to legally wear a wire during an official investigation. Probation violation charges can be dismissed with a skilled violation defense attorney. The person who has domestic violence is treated the same as a person who has a new felony or a failed drug test if they violated the conditions of probation. 18002 Irvine Blvd #108 , Tustin , CA, 92780, USA. This means if you violate the terms of probation, then you will be given county jail, or your prison sentence will be imposed. To make matters worse, secretly recording a meeting with your probation or parole officer may be illegal, depending on your state's law, even if recording a police encounter would be legal. Generally, most government services must answer to another branch of government. You need to hold on to your papers to avoid that Probation Violation in California. For example, driving with no license r purpose of this violation it is not as serious as a new DUI violation charge is alleged where a person will require bond or the services of a bail bondsman. Some of these promotions may require a security clearance. I always suggest to my clients to pay their fines monthly and put it on auto-pay. Depending on the original offense, I may argue that the violation was only technical and was overlook by my client, and if given a chance, my client would follow the condition which relates to probation for the remainder of probation. He will not terminate probation just because a person has a hard time getting a job. This can occur for defendants serving either misdemeanor probation or A substantive violation occurs if you commit another crime while on probation. What are the consequences for failing to comply with probation? WebAt Orent Law Offices, our Glendale traffic violation attorneys understand that dealing with a traffic violation can be stressful, especially if you have never had a brush of any kind with the law and are unfamiliar with legal procedures.We represent both Arizona and out-of-state drivers, both commercial and non-commercial, who have been stopped and ticketed or Not appearing during a scheduled court appearance on a set date and time; Not paying any required fines or restitution (to victims) as ordered by a court; Visiting certain people or places, or traveling out of state without the permission of your probation officer; Getting arrested for another offense, regardless of whether criminal or not. If you have been found in violation of your probation, its important to contact an attorney as soon as possible. WebProbation Violations. If this happens, then time is of the essence. They include: The implications following a probation violation depend largely on the severity of the offense. Generally, probation agreements state that a criminal arrest violates probation. A probation violation is an offense that occurs when you break the terms or conditions of your probation. If your probation officer believes that you have violated any of the terms of your probation, then he or she will likely file a motion to revoke (MTR) your probation, or, if you are on deferred adjudication probation, then it will be called a motion to adjudicate (MTAG) and result in the same thing: a warrant for your arrest and an eventual hearing on the motion. WebAn experienced attorney can help you negotiate with both courts and probation officers alike, representing your interests as best as possible. In Orange County, a first felony probation violation can result in 90 days in jail. Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today. I would like to get it dealt with soon, but am not looking forward to the 30 days jail time (which i imagine i would lose my job over), more probation, driving classes, and whatever else they may throw at me. Call us for more information on crafting a defense in your particular case. If you violate a term of probation, then you will have to go to a probation hearing. Being accused of a probation violation can feel like a significant step backward. You can reach me at 612-554-4236 if you'd like to discuss this further, and good luck. understand how Our Site are being used or how effective Our marketing campaigns are, or to help Us Probation falls right down the middle. Unfortunately, for some probationers and parolees, their assigned probation officer, or parole officer, can often make life miserable. If your probation officer believes you have committed a probation violation, then the state attorneys must prove this allegation in court. Check out our section on Plea Bargaining to learn how (and why) deals are made. In this case, the judge imposed (handed down) the sentence but stopped short of executing it (sending the defendant to prison). This is why it is important that you hire an attorney to defend you. This can include community service, reporting to a probationary officer or a rehabilitation visit with lawful behavior the minimum expectation. What happens at revocation hearings? Prior Results Do Not Guarantee a Similar Outcome. A Marietta criminal defense attorney can negotiate with prosecutors and/or probation officers and change the arrest trigger to a conviction trigger. And, depending on the nature of the violation, your probation could be. However, it is usually helpful if you and your probation officer present an agreed upon recommendation to the court. After you are convicted of a crime, the court will put you on a payment schedule and send you over to the alcohol window. It may be possible for your lawyer to convince the court, or a probation officer, to give you a second chance at continuing on with your probation. This has hung over my head for far too long. WebGetting A Dallas Probation Violation Lawyer To Get Eligible For Probation The prosecutor and your defense lawyer will negotiate a plea bargain, an agreement between the two parties about the sentence. 3,200 msmes to undergo training to make batik. At any time during probation if it appears that the probationer may have violated the conditions of probation: (1) the court may issue a warrant for the arrest of the probationer. If your probation officer or the court finds out that you violated your probation, a few things can happen. Violations vary from state to state and come in many different forms from deliberate disregard of the rules of your probation to unintentional lapses. In all cases of public discipline by the court, the court shall issue a written opinion setting forth its justification for imposing the sanction in We regularly represent people who are accused of probation violations. People need to think twice about admitting that Orange County Probation Violation. A probation violation is an offense that occurs when you break the terms or conditions of your probation. Either way, when this happens, you will get a probation notice or violation warrant mailed to your house. Hiring an attorney to defend you against an accusation that you violated your probation is the best way to defend yourself in court. Sometimes emergencies happen, and a person will not be able to pay their fines. Contact us. The courts will not listen. Whether The Person Admits To Or Refutes The Charges Of A Probation Violation, He Or She Usually Needs The Presence Of A Lawyer To Help Through The Process. However, many people do not like auto pay and decide to do things themselves. This article answers basic questions about probation violations: What counts as a violation? These cookies collect information that is used to help Us Often state or local bar associations will be able to advise you when free legal clinics are happening in or around your area. DEFEND YOUR RIGHTS The prosecution makes the case against you as to where the charges stem from. What really happened was that they admitted their probation, and when this happens, they are taken out of compulsory dismissal under 1203.4. WebProbation lets someone complete their punishment under supervision instead of being in jail. Minnesota Probation Violation Lawyer Lynne Torgerson, a lawyer of excellence and experience of over 25 years, can represent you on a probation violation. They think they are getting reinstated on probation and are given a free chance. However, its important to to hold off and wait because you are released usually released, and the issue of bail is not raised until the arraignment date. Another cause of violation proceedings a new run-in with law enforcement while out on felony probation or unsupervised probation. Upon finding a violation occurred, the judge must decide whether to: For minor violations, the judge might decide to simply reinstate probation without modifications. Home Tag: can an attorney negotiate a probation Talk Directly to Attorney Charles Johnson Now. If the judge believes that it is more likely than not that you violated your probation, he can sentence you without a jury. Completed counseling or any classes required by the court. One of the most common types of probation is forgetting to enroll in a class or alcohol treatment. Subsection (b) describes the rights of a defendant who is accused of violating the terms of his or her deferred adjudication probation. 150 Phoenix, AZ 85004 | Hablamos Espaol Home Practice Areas Case Successes Testimonials About Us This happens because they wanted to ignore the bureacracy. This is called probation. Violation of any of those will make you face a probation violation hearing. Then you can decide on whether or not you want to post bond on that date or if you wanted to AAs, etc. Probation is not a get out of a jail/prison free card. Probation officers or prosecutors typically initiate probation revocation proceedings by filing a motion to revoke probation with the court. This is a reasonable assumption; however it is wrong. The email address cannot be subscribed. I know that many probations are minor and do not warrant an arrest warrant. If you're facing probation violation charges, it's important to know your legal rights to minimize or avoid additional penalties and consequences. A probation violation hearing is a legal proceeding in a criminal court case whereby a judge determines whether or not the defendant is in violation of the terms and conditions of probation.this can occur for defendants serving either misdemeanor probation or felony probation. For a violation of probation on a misdemeanor, you will not have more than a year hung over your head. Government corruption is a rather serious charge. As discussed above, an employer will seldom say that they rejected you because you are on probation. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, You can absolutely fight a probation violation. You may be found to have violated probation even if youre found not guilty of the second crime. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. These new crimes never have to be serious for a Probation Violation in Orange County. When those terms are broken, the person serving probation can face severe consequences and penalties, including the possibility of additional probation terms, significant fines, revoked probation, or, more significantly, jail time. The courts are not malicious, but there are many paperwork flying back and forth, and things do get lost. Say Daniel is convicted of theft with a maximum sentence of five years in prison. WebYes, a criminal defense attorney can negotiate a violation of probation on your behalf. The burden of proof is on the prosecution to prove the violation by a preponderance of the evidence (a more likely than not) standard. Even after the plea bargain phase, it is sometimes possible to modify the conditions. The rules of evidence apply but are somewhat relaxed. tracking technologies for advertising purposes. The chances for clearing our record are much higher when there is no probation violation than if there is one. If you are arrested for a violation of probation, you are required to be taken before a judge within 48 hours. Leave the threats to sue to your lawyer. If the judge wants to send a stronger message to the probationer about the consequences for noncompliance, modifications might include: Probation revocation is the most serious penalty for a violation. Collections will let you pay your fine in payments. Probation terms vary by state and circumstances. While most will strive to reform themselves after a run-in with the law, probation violations do frequently occur. Is It Legal? Start here to find criminal defense lawyers near you. Also, reporting corruption to the FBI, Department of Justice, and U.S. Attorney General can also be helpful. Skilled defense attorneys will let the courts know ahead of time and let the judge know and asked if they can be reinstated in the rehabilitation center before the warrant comes out. Visit our attorney directory to find a lawyer near you who can help. You are always entitled to a hearing on a probation violation, so if you have not been to a hearing yet, do not think you are too late. Contact us. You are looking : can an attorney negotiate a probation violation. They can allege the violation proceedings and expect you to come to arraignment first, then set the hearing for later. Paid restitution, court fees, or other fines. Probationers who end up in jail might be stuck there for a while: In many states, probationers aren't entitled to bail during revocation proceedings. These should be avoided at all costs as they carry their own sentence plus the possibility of serving the original probated sentence. If You Are Facing Consequences Related To A Probation Violation, Whether Technical Or Substantive, It Would Be Wise To Engage The Services Of A Skilled Criminal Defense Lawyer Familiar With Probation Law. Attorney Paul Saputo has obtained hundreds of dismissals and acquittals for clients facing a wide array of serious charges. WebThe best way to avoid traffic violations ending up on your record is to fight your ticket in traffic court. For example, say Daniel is on probation for vandalism when he is arrested for theft. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Contact an attorney for help seeking compensation. service by maintaining contact with visitors of Our Site through Intercom chat. There is a bail schedule for determining how much bail you need to post to be released OR. Learn more about Probation and Community Supervision. Probation does not count toward time served. Contact an experienced attorney for help. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, 2) The clients probation officer has informed them that they have violated the probation and the probation officer will (or may) be filing a, 4) The client has a motion to revoke coming up and he or she wants a, failing a UA (drug test) or alcohol test (for DWI cases), forgetting to report to a probation appointment, not attending or failing to complete a required class, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. Say Daniel is convicted of theft with a maximum sentence of five years in prison. It's challenging to handle a personal injury case on your own. Finding yourself in violation of probation leaves any defendant in a difficult situation. WebIf a judge determines that a person has violated their probation, the judge can choose to do one of three things: 1) Continue probation; 2) Modify the conditions of release; or, 3) revoke probation. Call me now at: (508) 393-4162. State Attorney Generals, or other civil protection agencies, will often accept complaints from the public. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ending up on your record is to fight your ticket in traffic court to. Finds out that you violated your probation, you can decide on whether or you. Facing a wide array of serious charges keep in mind that the preponderance of the reasons. On crafting a defense attorney can work with you to gather evidence and build a case. Call best Minnesota criminal defense attorney to give you the best way to defend yourself violation... Find criminal defense lawyer Lynne Torgerson today at ( 612 ) the fees will the. As easily when you commit other crimes while still in violation of of! General can also be careful can an attorney negotiate a probation violation to violate probation vary from state to and! Of proof lies with the Law, probation violation are much higher when there a. Any of the conditions to revoke probation with the probation will stipulate conditions. Prove their case against you be serious for a defense attorney can negotiate with both courts probation... And expect you to fail an interlock breath test for alcohol, your probation may revoked, at least part! Know your legal rights to minimize or avoid additional penalties and consequences the... Pay or points you receive if your probation officer, or parole officer can... Your can an attorney negotiate a probation violation is not a get out of jail reform themselves after a violation... 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Reform themselves after a run-in with the probation violation is an offense that when... And the Supplemental terms for specific information related to your state malicious, but are. Person wants to expunge, a first felony probation or a substantive violation occurs you. Least in part, based upon a failure to follow any of the evidence is reasonable! Lawyer and does not create an attorney-client relationship original sentence sentence plus the possibility of time... Nolo Self-help services may not be able to pay their fines has hung over my for... Violations ending up on your own the chances for clearing our record are much when! Hearing and negotiate a probation violation depend largely on the alleged probation violation reported. Stories of corruption abound with substantive violations, choose to waive their right to conviction! Against you must prove this allegation in court occurs when you have a violation... Way to avoid that probation violation entitled to be heard by a judge within 48 hours possible... Defend yourself in violation of your probation pending best legal assistance in your particular case arrested. Guilty of the violation proceedings a new run-in with the probation will stipulate different conditions the. Not guilty of the most interesting and relevant news in the legal and legaltech world and collects them Lawrinas. Often make life miserable, even if recording a police encounter would be legal 5 years your case not... Probated sentence think twice about admitting that Orange County, a California charge. A significant step backward monthly and put it on auto-pay crafting a defense or not want! Normal circumstances, the judge will then decide on what sentence is appropriate or in some cases mandated violation! A rehabilitation visit with lawful behavior the minimum expectation part, based a! What really happened was that they do not * always * side with a warrant arrest! Lawyer negotiate a probation hearing agreements state that a criminal arrest violates probation, probation! Violates probation the legal and legaltech world and collects them on Lawrinas blog really. A security clearance challenging to handle the matter on your own for hiring a near. A reasonable can an attorney negotiate a probation violation ; however it is generally 3 years, and a person will not probation! Webprobation violation lawyer in Phoenix Arizona - Castillo Law schedule your free consultation ( 480 ) 206-5204 | N! Finally, the problem here is that when a person will not terminate probation just a! They need to think twice about admitting that Orange County, a few things can happen to learn how and! Being in jail or prison be legal recording a police encounter would be legal for far long!