People who are in state custody often assume that they have the right to make a phone call. That presumption generally extends from how law enforcement authorities have long handled the right to access legal representation and depictions of the criminal justice system in popular media.
In many cases, those already processed and booked into state facilities have access to telecommunication systems within the jail, regardless of who they will intend to contact. People experiencing intense stress reactions to a recent arrest may make mistakes while in state custody that could ultimately impact their chances of prevailing at their criminal trial.
The state records calls
People in state custody have the right to confidential communication with their lawyers. However, any communication they have with other parties is subject to monitoring and recording. Those in state custody who make the mistake of calling family, friends and others potentially implicated by a criminal investigation may say things on the phone that make them appear to be guilty.
Anything recorded during phone calls by those in state custody could serve as evidence during a trial. State courts have repeatedly ruled in favor of this practice. People in state custody should operate under the assumption that everything they say is not only subject to monitoring by law enforcement professionals but likely to end up recorded as well.
Understanding what happens after an arrest can help people avoid mistakes that could worsen their legal circumstances. Phone call recordings can contribute to the state’s case, making appropriate reactions to a recent arrest critical. Defendants who have strong legal support may be less likely to make mistakes that ultimately affect their chance of exonerating themselves in re: criminal charges.