As a criminal defense attorney, one of the most frequently asked questions I receive is, “Are my calls to/from prison recorded or bugged?”
Unfortunately for inmates in the state of Maryland
, many of whom are still awaiting trial and have not yet been convicted of a crime (and may never be), and their families/friends who are calling or calling these calls received from them are recorded. Additionally, the recording of these calls is permitted under both state and federal law.
Discuss your case with your attorney
After an arrest, your first instinct may be to call a loved one and open your heart. Finally, you need the emotional support and guidance of a close friend, spouse, or other family member. He wants a chance to tell his side of the story and clear his name with the people he cares about. This is perfectly normal, but it may not be in your best interest. Since you never know who is listening, it is best to discuss the details of your arrest and your case with your attorney and your attorney only. No matter how much you think you can trust someone, your conversations may not be protected or privileged. However, when you speak to your attorney in person, the law protects the things you say to your attorney. There are some important exceptions to this rule, e.g. B.
When a client makes comments to his attorney to cover up or encourage crime or fraud, but in most cases the information he shares with his attorney is proprietary.
If you are prosecuted in Alabama, contact Alabama Criminal Lawyers at (205) 994-0616 or use our online contact form.
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.
How do you know your call was recorded?
Most facilities that record inmate calls play a preliminary message informing the inmate that their call is being recorded. They also publish notices that the visits are also monitored. Sometimes you may hear a “click” indicating that a police officer has joined your conversation. Another “click” tells you that the supervisor is offline, but that doesn’t mean your call isn’t being recorded anymore!
The use of recorded calls against inmates is so widespread that some defense attorneys put a warning on their websites: “Don’t say anything at all that you don’t want to hear the judge in the courtroom at your assessment.”