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Are Cell Phone Conversation Recorded and Saved?

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Eva 14

Junior Member
What is the name of your state (only U.S. law)? California

I have a landline phone and my brother has a cell phone. I've chosen to have no contact with this brother, because every time there is any contact, I end up getting harassed, threatened, or worse.

My brother has filed false police reports against me. He has accused me of 'harassment', 'threats', and anything else that he can concoct. This brother would file a police report against me for looking at him the wrong way. My brother has done everything in his power to try to give me a criminal record! Nothing has happened, but I've had to deal with police coming to my door and calling me on the phone a couple of times. It really is terrifying, even though I'm innocent.

When I interacted with the police in person, they were able to see that I am the innocent victim of some very nasty lies on my brother's part. I did ask about how to put a stop to these false police reports, but apparently anyone can allege anything. I was so scared I even contacted an attorney, who advised me to cease all contact with my brother. I did as advised.

Sadly, we lost both of our parents in recent months. My brother is Trustee of the Trust, and once again, his threats and harassment are getting out of control. If I call or email my brother with a question about the Trust or my mom's finances, my brother accuses me of 'harassment'. Even though I've said nothing inflammatory, my brother will threaten me and scream, "That's it. I'm calling the cops right now and telling them that you just threatened me". I hadn't said anything remotely 'threatening'; my brother just loves to inflict emotional distress.

During one conversation, my brother claimed that ALL cell phone conversations are recorded and saved. I told him that I didn't know that. He responded by saying, "That's pretty stupid", and subjected me to a string of insults. My brother keeps claiming that all he has to do is pick up the phone and he'll have cops at my door in an instant. I think he's abusing his power and trying to make me scared and paranoid.

On another occasion, I tried asking my brother a question about the Trust. He kept making one unreasonable demand after another. I asked him what he expected of me, and for some reason he hung up on me. I was confused and called him back, at which point he shouted, "Apologize!" "For what?" I asked. "For swearing at me", he snarled. This was crazy, because I did NOT swear AT him. I used an expression with a PG-rated word: "So I'm supposed to be your b----?" Talk about uptight!

Anyway, do cell phone companies actually keep the transcripts of every call ever made? That seems impossible. I didn't think that phone calls could be recorded without the consent of the other party (that's the law in California). Is the law different for cell phones?
 


stealth2

Under the Radar Member
No, they're not.

And the word you used is not PG-rated. You can usually type those out. Since you didn't (which is good, as it is not language allowed here), you know it's more than PG.

I'm going to guess you have had your part in the breakdown of your relationship with your brother. Perhaps a bit of counseling would be wise, to help you see/accept your share.
 

I'mTheFather

Senior Member
Although it may seem that all your questions deserve their own thread, they do not. Every one of your subsequent questions should have been asked in your original thread. Please do not start any more threads.

Thank you.

https://forum.freeadvice.com/search.php?searchid=2992517
(At this time, you have 6 posts and 4 threads.)
 

CdwJava

Senior Member
What you describe is a low level misdemeanor in CA. The police and the DA are not going to get hot and bothered by your brother's complaints unless they continue, you violate a court order, or you take steps to follow through on any threats of harm.
 

Eva 14

Junior Member
Use Lawyer for Communications?

Thank you for the information.

So I should avoid directly communicating with my brother via any means, whether it be by telephone, email, or by letter? (There is not a restraining order, but my brother will do just about anything to try to make trouble).

I know the easy answer is to just ignore this brother completely, which is what I have been doing.

However, when my mother passed away and my brother became Trustee of the family Trust, I've had to interact with him on a few occasions to ask questions. But it seems I can't win no matter what I do.

Example: My brother insisted that I send him my mother's death certificates via mail (the funeral home accidentally sent them to me). I didn't feel 'safe' sending my brother ANYTHING in the mail, and I told him this via telephone. My brother told me he'd contact the funeral home and get the certificates sent to himself. I thought the problem was resolved.

Only two days later, my brother called me and asked if I'd sent him the death certificates. (Mail sent from California to Florida might take longer than two days). I told my brother that I thought we'd settled that issue. My brother got hostile, telling me it was 'too late' and that he'd already sent an email to the family Trust lawyer and an email to our financial advisor claiming that I was being 'uncooperative'.

So do I need to hire my own attorney and have all communications to my brother go through my own attorney? (This sounds like it would get expensive. Wouldn't a lawyer charge money for each communication? Time is money, after all). Or can I have communications to my brother go through the family Trust lawyer, who is paid out of the Trust by my brother?

Thanks for any advice.
 

stealth2

Under the Radar Member
Send the certificates Certified, RRR or via Fed Ex w/tracking. Seriously - this is not complicated.
 

Eva 14

Junior Member
Warned by Cop Not to Contact Brother

For you and me it is simple...I think most everything is complicated. :(
Actually, it does get rather complicated. My brother has a history of deeming ANY communication from me as 'harassment'. My brother has even filed a police report against me alleging harassment. (He had been harassing me, but I didn't know what to do about it).

Two years ago, I sent my brother a letter; no threats, just some insults. My brother took the letter to his local police department in Florida. My dad (who had police connections)also got involved. I ended up getting a message on my voicemail from a Florida cop who warned me that ANY further contact with this brother (via telephone, email, snail mail, etc.) would result in 'criminal charges'.

Obviously that message terrified me. It was from a REAL cop, too. I think MAYBE the cop was lying about 'criminal charges', because I don't think that a cop would just leave a voicemail as a warning? (I would think that there would need to be proof that the recipient got the message, but I could be wrong.) A person could always claim that they never got the voicemail or that the voicemail got lost or deleted. Still, given this history, I do NOT want to take ANY chances. I really don't think that sending something certified mail would make any difference.

Given this history and the fact that I am now afraid to contact my brother for any reason, do I have to go through an attorney every time there is a question about the Trust? (Everyone has advised me to send any communications via an attorney, for my own protection).

My question is: Can I use my brother's Trust attorney for communications with my brother? Or do I need to get my own attorney and pay that attorney for every communication? I don't quite understand how 'communicating via an attorney' works, who pays for it, or how much it would cost. Can anyone with a legal and/or law enforcement background please clarify this? Thanks.
 
Last edited:

I'mTheFather

Senior Member
Actually, it does get rather complicated. My brother has a history of deeming ANY communication from me as 'harassment'. My brother has even filed a police report against me alleging harassment. (He had been harassing me, but I didn't know what to do about it).

Two years ago, I sent my brother a letter; no threats, just some insults. My brother took the letter to his local police department in Florida. My dad (who had police connections)also got involved. I ended up getting a message on my voicemail from a Florida cop who warned me that ANY further contact with this brother (via telephone, email, snail mail, etc.) would result in 'criminal charges'.

Obviously that message terrified me. It was from a REAL cop, too. I think MAYBE the cop was lying about 'criminal charges', because I don't think that a cop would just leave a voicemail as a warning? (I would think that there would need to be proof that the recipient got the message, but I could be wrong.) A person could always claim that they never got the voicemail or that the voicemail got lost or deleted. Still, given this history, I do NOT want to take ANY chances. I really don't think that sending something certified mail would make any difference.

Given this history and the fact that I am now afraid to contact my brother for any reason, do I have to go through an attorney every time there is a question about the Trust? (Everyone has advised me to send any communications via an attorney, for my own protection).

My question is: Can I use my brother's Trust attorney for communications with my brother? Or do I need to get my own attorney and pay that attorney for every communication? I don't quite understand how 'communicating via an attorney' works, who pays for it, or how much it would cost. Can anyone with a legal and/or law enforcement background please clarify this? Thanks.
Yeah, I think you covered all this information in one of your OTHER threads.

I could provide an answer, but will not in this thread. Now, if you'd like to post these questions in your original thread, I will answer there.
 

stealth2

Under the Radar Member
Geez, you are overthinking. Get the certificates, put them in an envelope and address it to the Trust attorney. Mail it Certified, RRR.

How old are you?
 

single317dad

Senior Member
TAKE YOUR ATTORNEY'S ADVICE, AND CEASE ALL DIRECT COMMUNICATION WITH YOUR BROTHER. There, I put it in caps so you can see it better.

Have your attorney contact him or his attorney for any matters that need your attention. Otherwise, leave him alone.
 

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