Being arrested and locked in a jail cell can be disorienting and scary for anyone. It’s only natural to reach out to those you love for comfort, connection and support through the phone.
There’s a catch, however: Those calls are not private. You will be warned early on that jail calls – unless they are to your attorney or meet another narrow exception – may be monitored and recorded. That makes it critically important to understand what you should not say since a careless comment can lead to serious legal consequences. Here are some rules to keep in mind:
Don’t talk about your case
It may be tempting to tell your side of the story – and the people you call may want to know what happened. Resist the temptation to discuss your case, even in passing. A prosecutor would love to hear anything that sounds like an admission of guilt or an alibi that doesn’t match up with your defense. Keep your conversation focused on day-to-day matters, like updates about your family and your commissary needs.
Don’t try to talk in code
Code words, nicknames and cryptic conversations are not enough to protect you. Jail officials and prosecutors are very good at seeing through these. You could just prompt further investigations or – depending on what you say – new charges.
Don’t complain about those involved in your case
This is the wrong time to vent your frustrations about the witnesses in your case, the prosecutor or the judge. Incendiary comments could be taken as threats – or a lack of remorse – either of which can be used to stain your character. That could negatively affect your sentence if you’re convicted.
In short: think before you speak. Anything you don’t want to hear played in court is something you shouldn’t be saying. Legal guidance can help you learn more.
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