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.”
While it may be tempting to do this, it should never be done. In addition, family members should also be cautious when speaking face-to-face with inmates during visits, as these conversations are also not privileged. It’s even more tempting for inmates to call loved ones using another inmate’s PIN or call permissions. We assure you, prosecutors know how to check that, too.
Often they look up prison phone calls not by the inmates’ names but by the numbers they know the inmates would call! So, ultimately, the only person who should speak to an inmate about his or her criminal case is the attorney, and the attorney only. These conversations are guaranteed to be private, confidential and privileged.
While you may think you can outsmart the prosecutor or detective, you cannot, and even if you could, the risk is too great, as communicating through your attorney accomplishes the same without risk. If you find yourself in a situation where a loved one is incarcerated and you have questions about prison phone calls or other criminal matters, contact Banks & Brower’s experienced former prosecutors today.
Our Indianapolis criminal defense attorneys can help you through this difficult time. Call us at 317.870.0019 7/24/365 or email us at info@banksbrower.com.
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 in the courtroom during your trial that you don’t want the judge to say.
When the inmate is allowed to call
The inmate’s call time depends on where they are. For example, if the person has just been arrested, they can call from prison immediately after completing the registration process. If they are convicted, there is a step-by-step process they must go through.
Initially, it will take some time for staff to complete the ingestion and classification process. This includes a medical, physical and psychological evaluation of the inmate and a determination of where the inmate will be housed. Depending on the situation at the facility, it can take anywhere from a day to several weeks. Unfortunately, inmates are not permitted to receive visitors, make phone calls, or receive mail during this time.
Things to avoid
The topics to look out for in mentions vary from person to person. It is better to avoid certain difficult issues like death in the family, the person’s struggles abroad and other issues that the imprisoned person cannot help with. The inmate may already feel powerless and separated from loved ones and may not need the person’s extra pressure in outside struggles.
Visiting a loved one who is incarcerated is valuable, but staying in touch between visits is also important. Staying connected can be very beneficial to the inmate, reminding them that they are loved and valued. Sending photos to your incarcerated loved ones via Pelipost can help build relationships and stay in touch.
Provide entertainment
The somber and solemn atmosphere of the prison, interspersed with silence, can be quite overwhelming for inmates. Life in prison is monotonous and depressing to say the least. You can brighten their days a little, if only for a while, by engaging them in interesting conversations.
Keep them updated on real world events. Of course, all your visits will be monitored by prison officials, so you’re not allowed to smuggle in any information that might violate the facility’s rules. An empty mind is the devil’s workshop, even more so when one is trapped in the hellish cells of a prison.