Can a Jailhouse Phone Call Destroy Your Case? Yes it can.
“Thank you for using Securis at the Ramsey County Adult Detention Center in St. Paul, Minnesota. This call is being recorded.”
Being arrested can be extraordinarily scary. You are taken from your home, your family, all of your people, everything that you know. They then take your clothes and give you an orange jumpsuit. You feel isolated, alone. The State wants this. That is their intention. So imagine when you learn that you get access to a phone. Finally, a way to stop the isolation and a chance to figure out what is going on. What do you do then? Of course, you want to talk. It makes sense.
You call your family, your friends, anybody who can help. Of course, the first questions include What happened? Why are you in jail? What could go wrong with answering a few questions. Right? Of course you want to explain, to tell them what really happened.
What is the problem with just answering a few questions from family and friends and talking about what happened?
As you speak into the jailhouse phone and explain what is going on, why you were arrested, what you were doing before, after, and everything in between, there is a machine that is taking down every-single-word. When you heard “This call is being recorded” when you picked up the jailhouse phone, the State means it. Even more, consider what happens when that entire conversation ends up on the prosecutor’s desk. Imagine just how much harder your case has just become. Have you just confessed to the charge? Admitted to something more? How does it limit your defense?
If you are in custody and want to use a jailhouse phone, imagine somebody listening to and transcribing every single word because they are.
Regardless of people knowing that they are being taped, some still convince themselves that they must talk on the phone and believe that if they can be tricky and speak in some random code, they will be able to fool the tape, the listeners. The idea is that if they are talking about dogs or cats or plants, it will be enough to fool the State. It won’t. Using nicknames, street names still is not enough. Many many people have tried and failed. You would not be the first.
Can Jailhouse phone calls make it harder to get out of jail?
When a Judge sets bail in Minnesota, they are looking at the seriousness of the charge, prior record, likelihood that the defendant will reappear, and whether they present a threat to society. As part of that bail hearing, if the prosecutor looks at phone records and determines that the Defendant has reached out to possible witnesses, threatened possible witnesses, or alleged victims, they could argue for higher bail to address the threat. This may also support the argument for the additional charge of witness tampering or other charges, all because of a simple phone call.
So how should you handle jailhouse calls?
If you are in custody and want to use a jailhouse phone, imagine somebody listening to and transcribing every single word because they are. As importantly, don’t say anything in a phone call you wouldn’t willingly say directly to a Judge or a cop. At the same time, even while talking to your lawyer, it is equally critical to make sure that the communication is attorney/client privileged and protected. Don’t just assume it.
Make Jack Rice Defense your first call.
If you are facing criminal charges in Minnesota, sit down with an experienced criminal defense attorney. Jack Rice is a St. Paul based Board Certified Criminal Law Specialist and Criminal Defense Attorney with decades of experience. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.