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Arrested for domestic violence? Watch what you say on the phone

On Behalf of | Jan 12, 2024 | Domestic Violence |

If you’re arrested for domestic violence and jailed, you know that you can use the jailhouse phone to reach out to your friends and family members for assistance – but you need to watch what you say.

Even though inmates are warned every time they use the phone that they may be monitored and recorded, too many think that their case is “too small” for anybody to take the trouble. That’s a big mistake. Prison guards and prosecutors can and will dig through phone records and recordings for useful information. Here’s what they often find:

Admissions of guilt

Saying, “I messed up,” or “Yeah, I did something I shouldn’t have done,” or anything similar sure sounds like an admission of guilt – and that’s exactly how a jury may take it. Don’t discuss your guilt or innocence, don’t discuss the details of the crime and don’t discuss your potential defenses. You run less of a risk that you’ll say something self-incriminating.

Witness intimidation attempts

Calling your alleged victim to “talk things out” may seem like a good idea at the time, but that’s actually going to seem like witness intimidation to the court when the prosecution gets ahold of the recording. If you try to encourage either the alleged victim or a witness to recant, refuse to testify or change their story, you could be facing a whole new set of charges.

Conspiracy charges

If you manage to convince a friend or relative to talk to the alleged victim or witnesses on your behalf, that could get you (and the other person) charged with conspiracy – even if you try to talk in code.

If you do pick up the phone while in jail, you may want to consider calling for legal guidance. That’s the best way to make sure that your rights are protected and you have a strong defense.