Time spent in state holding facilities can feel interminable. There is very little to do other than to converse. Many people choose to keep to themselves, in part out of fear of saying the wrong thing to someone who might act as a jailhouse informant.
Individuals waiting for arraignment or to post bond may feel very anxious until they regain their freedom. Those accused of breaking the law may understand that they have the right to remain silent when talking to police officers. They may invoke that right and also their right to speak with a lawyer. They may even avoid speaking with others held in the same facility to avoid implicating themselves.
They could still make other mistakes that could impact their likelihood of defeating their pending criminal charges. Those held in state facilities typically have access to telecommunications systems. They can make calls to friends, family members, attorneys and employers while in state custody. Making use of that right can help people manage their affairs and remain calm. However, what they say on those calls may end up contributing to the legal case against them.
The state records inmate calls
People generally have the right to expect privacy when using telecommunication systems to interact with others. Wiretapping laws prohibit outside parties from furtively recording conversations without the consent of the people involved.
Contrary to what many people expect, that right of privacy does not follow them into a state facility. It is standard practice for professionals to monitor and record phone calls made by those in state facilities. The one exception applies when individuals call their lawyers.
Calls to friends and family members might result in people making statements that contradict prior statements to police or outright implicate them in criminal activity. While it can be difficult to feel cut off from loved ones and the outside world, those in state custody need to remain aware that everything they say while in the state facility could become evidence.
Invoking the right to remain silent, talking with an attorney and avoiding incriminating statements can all help people limit their chances of a conviction when they are accused of breaking the law. Those who understand the rules that apply while they are in state custody are less likely to make mistakes that could affect criminal proceedings later.