Detention centers do record calls between inmates and family and/or friends. Someone will listen to these calls, and report any incriminating information back to the district attorney’s office. This information could be used to revoke probation, charge another crime, or assist in finding a defendant guilty.
This seems to be a blatant disregard of privacy, but unfortunately those incarcerated lose the absolute right to privacy when detained. Therefore, it is extremely important not to ever talk about a case, details of a case, or other possible crimes when making a call from jail or speaking to someone in jail.
What about conversations with lawyers? Aren’t those protected? Yes, in person conversations in a private room are protected. These are not recorded. Because of attorney-client privilege, you can speak freely with your attorney when he or she comes to visit you and you are behind closed doors. Be careful of what you say before you enter a closed room — someone is always listening and possibly willing to report the conversation back to the district attorney on your case.
Calls with your attorney are generally monitored also, so be very careful of what you say. The attorney will want you to speak in very general terms and not speak of any case details. Even if you think something is not an important fact, the district attorney may still use it against you.
As a general rule, only talk about details of your case with your attorney when behind closed doors. If you have been charged with a crime in Wake or Durham County, contact the experienced criminal defense lawyers at Guirguis Law at (919) 832-0500 or at firstname.lastname@example.org. We offer free consultations on misdemeanors in Wake or Durham, and will guide you through the next steps to help lessen your punishment.