April 2022 Newsletter
THE ONE-PARTY CONSENT LAW
DON’T AND HOW DOES IT AFFECT ME?
Is it valid evidence in court if an employee records a conversation with you? In many popular crime TV shows, secretly recorded audio is depicted as valid evidence in court. This gives people the idea that all secretly recorded conversations can be used as valid evidence in a case. But that's not always correct. In the popular TV show "Better Call Saul," despite it being legal to secretly record a conversation, the show accurately depicts why it's not reliable evidence. Here's how this can affect you.
Is New Jersey ‘a one-party consent state?
New Jersey has a wiretapping law that says recording various conversations is illegal, but there are exceptions to this rule. If you’re conversing with another person either in person or over the phone, you can record the call as long as one person in the conversation consents. Other states, such as Pennsylvania, require all parties to be aware of the recording and agree to it. However, Rev.com further explains that it's considered illegal if you’re recording a conversation you’re not a part of. Within the one-party consent law, if you’re a third party and you’re not participating in the call, you cannot record the conversation.
If all participants in a phone call are in New Jersey, then the recording is legal. But if you’re recording a phone call with someone in another state, it’s vital to check whether that person is in a one-party or
two-party consent state. This is because different states have different rules for recording conversations.
What are the penalties for violating recording laws?
According to CriminalDefenseLawyer.com, anyone who violates federal or state recording laws could face jail time, a fine, or an order to pay damages in a civil lawsuit. You could face up to five years in prison and a fine of $500. In states where someone must get the consent of the other person before recording, the recorded person can sue the individual doing the recording in a civil lawsuit.
Are recordings admissible in court?
Some individuals want to use a recorded conversation in court as evidence for their claims. It’s important to note that even if you were to record a conversation legally, it doesn’t mean it can be used in court. You need to provide evidence that the recording is reliable and valid in order for it to be admissible. Recordia.net provides the determining factors of a recording to qualify as admissible. The factors are:
"Recording a phone call and using it as evidence isn’t as easy as pressing the record button. Several laws, factors, and prerequisites need to be in place in order for the recording to be used in court.”
• Prove the voice on the recording belongs to the person you are claiming it to be.
• Show that the program you’re using to record is reliable for making accurate recordings.
• Prove the recording represents the interaction accurately, and no context that may have importance is lost.
• Verify that the recording has not been tampered with, altered, or modified.
Recording a phone call and using it as evidence isn’t as easy as pressing the record button. Several laws, factors, and prerequisites need to be in place in order for the recording to be used in court. You must
know the consent laws within your state and ensure your recording is authentic and valid. If you have any questions regarding party consent laws, how this applies to you, and the qualifications you need for it to be used as evidence, give Reardon Anderson a call. We can take a look at your situation and get you in contact with one of our attorneys.
So, Wait How Is Cryptocurrency Taxed?
DON’T A Quick Explanation
Many people enjoy using Bitcoin and other cryptocurrency for the financial freedom that it offers — especially because there are very few fees, if any, involved. Utilizing banks and regular stocks can
come along with some large fees. However, this currency still does ultimately get taxed. Here's how!
How It’s Taxed
The buzz about cryptocurrency is that it is not backed by any government affiliation and is subject to little or no regulation. However, this is false. When a crypto exchange occurs, both gains and losses must be reported to the Internal Revenue Service. Thus, this transaction is taxed just like traditional stocks and personal assets.
When it comes to federal income taxes, cryptocurrency is thought of as “property” and is therefore treated as a capital asset. This means that it is subject to capital gains taxes just as stocks and bonds are. If the asset appreciates in value and you trade, sell, or use it for profit, then it will be taxed just like capital gains. However, you only owe tax when those gains are realized. Realized gains are those that have been actualized when an existing position is sold for more than it was purchased. So, if the
asset happens to depreciate in value and it is traded, sold, or used at a loss, you may be able to subtract the loss from other capital gains to reduce your taxes.
Calculating Taxes on Cryptocurrency Gains and Losses
To determine your taxes on cryptocurrency, compare your net proceeds to your cost basis. You also must take into consideration the length of time you owned the asset. This information is crucial
for figuring out the type of capital gain or loss you recognize. Some gains or losses are determined to be “short term,” typically a year or less, and others are “long term,” more than a year. It is important to note that you can offset your capital gains with capital losses. Tracking your crypto gains and losses is crucial for staying on top of everything when tax season rolls around. As always, you can turn to your trusted financial advisor for professional assistance and advice.
Were You Really Robbed ?
DON’T THE DIFFERENCE BETWEEN ROBBERY,THEFT, AND BURGLARY
Robberies, thefts, and burglaries are all crimes, and the terms are often used interchangeably when people talk about them. However, the actual definitions of each word are different in the legal and law enforcement world. There are a few things that you should know when it comes to using the correct terminology.
Theft is the criminal act of taking another individual’s property (both tangible and intangible) without their permission. To fulfill the requirements of the crime, the person committing the act must have the intent to permanently deprive another person of that property. Shoplifting, taking a motor vehicle without the owner’s permission, stealing money from another person, and taking by deception are all examples of theft.
Robbery differs from theft in that while they both involve taking something from someone, robbery includes force or the threat of force. It is a violent crime, and the victim must’ve been in fear
for the crime to be classified as robbery. It should be noted that the property that is taken during the crime does not need to be taken directly off of the victim’s person. It can be property that someone is in control of, such as bills in a cash register.
Unlike theft and robbery, burglary is not always a theft crime. A burglary occurs when one unlawfully enters a structure they do not own or have permission to enter — and they have the intent to commit a crime once they are inside. Some examples of burglary include breaking into a vehicle or opening up an unlocked door to commit a crime after they enter. Thefts, robberies, and burglaries can be confusing, but they all share one thing: If you’re convicted of one of these crimes, you will face serious consequences.
THE NEXT BIG HEALTH SECREt
DON’T WHY SEEING AN ATTORNEY MAY BE GOOD FOR YOU!
Consulting with an attorney when you are facing legal trouble allows you to have an advocate and expert in your corner who is fighting for you and your rights. And according to recent studies, it may be good for your health, too!
According to NPR, a 2017 study of Veterans Affairs offices in Connecticut and New York found that veterans who saw clinic attorneys reported improved mental health within three months after their initial meetings. Additionally, in Colorado, a five-year survey of 69 patients from 2015 to 2020 found that patients in Medicaid programs who saw attorneys at their clinics had a decrease in the amount of physical health problems they were facing.
While further studies are needed to corroborate this evidence, the message is clear: Finding solutions to your legal concerns through an attorney is healthy!
This idea has led to several states permitting Medicaid patients to use some of their health care dollars toward legal clinical programs. For example, in Colorado, some chronically ill patients are struggling with
immigration issues or problems as a result of losing their jobs in the COVID-19 pandemic. By consulting with lawyers — in addition to psychiatrists, social workers, and medical doctors — patients are lowering their stress levels, improving their physical well-being, and staying closer to their families.
But how does this work? To answer that question, we have to examine the toll stress takes on our bodies. Constant stress, like concerns about visitations or deportation, can cause our bodies to fail. This often leads to headaches, heartburn, a weakened immune system, insomnia, stomach problems, and more. These problems then compound into other issues, causing the body to spiral
when intervention isn’t possible.
However, when the source of stress is relieved, the side effects are eliminated as well. This can powerfully help people who are facing potentially life-altering legal situations.
So, while your attorney may not be able to perform heart surgery or help alleviate your knee pain, their expertise may be just what you need to feel better in the long run.
DON’T WAYS TO HARVEST POSITIVE VIBES IN SPRING
Have you ever noticed that springtime just feels lighter and brighter? That's because, believe it or not, the seasons affect us. When spring rolls around, the energy shifts, and it's up to us to maximize those positive vibes. Let's examine how we can make the most of spring and inject some color and vibrancy into our lives again after a long winter.
Rely on color.
Colors have the ability to elicit certain emotions and feelings. Tropical tones and pastels are everywhere in spring — the clear sky, grass, and flowers — so allow them to fill your space and take them with you as constant reminders to smile. If you’re up for it, wear some new colors to brighten up your wardrobe, and don’t forget to take in a sunset when you’re able!
Enjoy more hours of daylight.
Spring brings more hours of sunlight and warming temperatures that can give you more time to enjoy your morning cup of coffee outside. You can take an early stroll around the block, get in a workout outdoors, or just enjoy the fresh air. Also, many areas observe daylight saving time, which extends sunlight into the evening, so no matter how you choose to spend your extra daylight, make it an adventure.
It isn’t called spring-cleaning for nothing! Decluttering, dusting, reorganizing, and tidying up feels great! It’s empowering and refreshing. There is something special about creating more space in your living space that gets the positivity flowing.
Eat fresh, colorful foods.
During spring, many delicious fruits and vegetables come into season. Berries, oranges, apples, carrots, avocados, cherries, spinach, and kale are all at their peak. Your local farmers market is a great place to get the freshest produce to fuel your body!
Spring is a time for new beginnings and positivity. Make the most of this spring season by welcoming a fresh abundance of love and life.