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What is Wiretapping in Massachusetts?

What is wiretapping in Massachusetts?

If you’ve been charged with wiretapping in Massachusetts, it’s crucial that you call a defense attorney as soon as you receive your court summons. You need an experienced attorney on your side to help you fight your charges.  I take cases all over the Greater Boston area, and I will do everything I can to secure the best outcome for your case. You can call my office,  send us a text, or send me a website message so we can discuss your case and get started on your defense – 617-295-7500.

What is Wiretapping?

While each state’s laws on wiretapping are different, Massachusetts follows what’s referred to as a “two-party consent”. This means that if you want to record audio, you must make everyone aware that they are being recorded. It is illegal to record someone without their knowledge and consent. Whether you’re recording someone in person, or using a phone to record them, you may be charged with wiretapping if you are secretly doing so.

What Does the Commonwealth Need to Prove?

In order to be convicted of wiretapping, the prosecution must prove three things beyond a reasonable doubt:

  1. you used a device to hear, record or aided another person in hearing or recording an oral or wire communication
  2. you did so without the other individual knowing or consenting, and
  3. you did so willingly (not by accident)

What are the Possible Penalties if I’m Found Guilty of Wiretapping?

Massachusetts has one of the most strict laws on wiretapping and is a felony in Massachusetts. If you are found guilty of wiretapping you could spend time in jail or be made to pay a fine. The maximum fine you could be required to pay is $10,000, and you could be sentenced to up to five years in prison.

If you knowingly obtain illegal recordings of someone and use that information, that is a misdemeanor in Massachusetts. Disclosing or using the contents of those secret recordings is punishable with a fine of up to $5,000 and imprisonment for up to two years.

What Should I do if I’m Charged with Wiretapping in Massachusetts?

If you are charged with wiretapping, or even if you have not yet been taken into custody and the police are asking to speak with you,  do not speak with the police by yourself. Even if you know you did nothing wrong, it’s critical that you hire an attorney as soon as possible. Although speaking to the police may seem harmless, they can easily twist your words around and use them against you.

Call Us Today

Some of the courts I service include Chelsea, Lynn, Salem, Peabody, Boston, and Cambridge. I take cases all over Massachusetts – to see a full list of courts I service, visit my website.  I will fight for you. Call or text me at 617-295-7500 today and I can give you a quote for my representation, which includes various financing options and payment plans.




Although I am an attorney, I am not your attorney.  Please do not rely on anything on this page as legal advice because any specific advice would depend on your situation.  Any results posted on this page are not guarantees of outcomes in your case.

Boston Attorney

The court system is stressful, whether you’re being charged with a crime, being sued, suing someone, or fighting for your ability to stay and work in this country. You need someone who appreciates this and can dedicate the time not only to represent you effectively in court but to guide you through the process.

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