In the event that you are taken into custody by law enforcement officials, there are some things that you should always keep in mind. The first one is, of course, to remain silent until you speak to an attorney. This is the easiest thing to remember, but it is often the most forgotten. But beyond that, there are a number of mistakes people made that could be avoided. These mistakes include:
In the back seat of the police car: If you have been arrested with someone else and you are left alone in the back seat of the police car with that person you should be aware that your conversation is probably being recorded. Neither of you should say a word.
Cell-Mates: Don’t talk to your cell-mates about what happened to you or about your case. Don’t even talk about mutual acquaintances. It is common for other inmates to want to use the information you gave them to improve their own legal predicaments. It is unwise to leave your legal papers (especially police reports) unattended in your cell because other inmates may read them and then be able to fabricate more believable stories about things you said.
Telephone calls from jail: All telephone calls made by inmates from the jail may (and usually are) recorded. In many counties every call is screened for potential evidence value. These conversations will be used against you. If you are calling your attorney the conversation should begin with the statement “This conversation is a confidential communication between attorney and client”. Even with this statement being made it is generally not wise to have any conversation which you need to remain confidential using a jail telephone.
Visits in jail: All conversations which occur during jail visits (except attorney visits) are recorded and are screened for potential evidence value. These conversations will also be used against you.
Mail in and out of the jail: It is probably no surprise that all the mail to and from inmates in the jail is read and screened for potential evidence value. Both the content of the mail and the identity of the person corresponding may be useful for the prosecution. When you write to your attorney you should mark the outside of the envelope “Confidential Legal Mail”.
Conversations with friends and family: Statements you make to your friends and family may be used against you. It’s best to tell everyone “I’m sorry, but my lawyer says I can’t talk about the case, not even with my family and closest friends. But it means a lot to me to know that you’re on my side. I hope you can come to court and show that there are people on my side”.
These mistakes can and should be avoided when you have any encounters with law enforcement. Once you’ve had a chance to consult an attorney you’ll be in a better position to know how to protect yourself.
As a defense attorney with over 20 years experience, I can give you the best legal advice for your particular case. Contact me for a consultation.
Dan Koukol, Sacramento Criminal Defense Attorney