One of the greatest temptations for those behind bars is to call their loved ones. Obviously anyone in this situation would feel the need to turn to their support group for help, advice and/or guidance. Almost without exception, however, we see prisoners discussing the facts of their case with their families.
And in almost every case, the information they share is incredibly damaging to your case, somewhat damaging to your case, or neutral at best. Never, and we mean NEVER, is helpful. So if a current or potential client ever calls us from prison, every time we answer the phone we say, “We are currently being recorded, please do not discuss the facts of your case.
We can answer any administrative questions you may have, but we cannot review your case over the phone. We’d love to meet in person though.” But despite knowing the ramifications, thousands upon thousands of inmates pour the beans out to their friends and family every day over a taped and monitored phone line. Surprisingly, they become his fault, his intent, the crime his accomplices, discussing his motive and even going so far as to tell his family to lie to the police or the prosecutor.
Why that? Because most defendants believe that the chances of a prosecutor or detective actually answering their calls eavesdropping are incredibly small given the sheer number of phone calls made each day.Most of the time we hear this misconception because the defendants believe that someone can only hear the content of their calls by listening in on the conversation live or as it’s happening .
This couldn’t be further from the truth.In fact, every phone call uf from each prison is monitored, recorded, data driven and stored electronically by inmate’s name, gallery number, pin number, date, time, call duration, source number and recipient. Surprising right? It shouldn’t be, because that’s what it says at the beginning of every call you make or receive from a prison.
What many find even more astounding is that prosecutors actually intercept phone calls coming from prison – thousands and thousands of them! As former prosecutors, we heard prison calls every day.
Based on our experience, we can always guarantee our clients that their prison calls will be heard on a regular basis, especially in cases where prosecutors believe they have a weaker case.
From the first call after an arrest to hundreds of calls during a suspect’s incarceration, you can bet your savings the prosecutor will hear it all. And with prosecutors overworked, many of them listen to prison phone calls while reviewing other cases or eating lunch, playing “music” in the background, so to speak. For this reason, most prosecutors refer to prison phone calls as “free gold.”
But why do prosecutors listen to prison calls? BECAUSE THEY ARE ADMITTED TO COURT AS EVIDENCE! As long as the prosecutor can prove that the call was made by the defendant and the reasons for doing so, the contents of those calls relevant to the current indictment are admissible in evidence.
Furthermore, all too often, cases that were once weak or lacked sufficient evidence to convict later become strong cases for prosecutors. And unfortunately that would not have been the case if the prisoner had kept his mouth shut.
So what can you talk about on phone calls from prison? Anything unrelated to your case. Meet people, ask them for money for their commissioner, tell them to get their lawyer to see them, anything, anything EXCEPT YOUR CASE. Unfortunately, many defendants’ own words are unnecessarily used against them.
However, this problem can also be solved by family members and loved ones who refuse to discuss the facts of the inmate’s cases. You can gently (or firmly) remind your loved one in prison that “someone is listening, please don’t talk to me about your case.
Can they be used as an admission of guilt?
It is generally accepted that any conversation that takes place between a detainee and their friends or family can be recorded. This applies to both visits and phone calls outside the prison.
If you’ve ever made a call from jail or jail, or received a call from someone who is incarcerated, chances are you’ve heard a recording telling you the call “can be recorded.” There are also various signs in visiting rooms and telephone rooms advising that a conversation may be recorded.
For procedural reasons, your call may be recorded…
That the calls were recorded should not come as a surprise to Emmanuel Díaz, who had been arrested and charged with multiple charges of robbery and robbery and was waiting Rikers Island on the process. Under state law, inmates are given three warnings that telephone conversations (with anyone other than their attorneys) will be monitored and/or recorded:
- Signs near phones used by inmates that are both on English and Spanish that calls will be monitored and recorded and that use of the phone constitutes consent to recording or monitoring;
- A note in the inmate handbook that calls may be monitored and recorded; and
- A recording in Spanish or English that plays when an inmate picks up the phone, indicating that the call can be recorded and monitored.
Why do the police and prison staff monitor your private calls? or out of jail. This is done for security reasons: to make sure no one plans an escape, drug shipment, etc. Even the visiting rooms have equipment that records images and sound.
The practice of monitoring and recording your phone conversations with an inmate is generally accepted as legal. Prison staff always listens to inmates’ audio samples! In special cases, they monitor all communications from an inmate who they believe is attempting to conduct business outside of prison over the phone.