Jail Phone Calls: Essential Warnings and Guidelines
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There isn’t much to do in jail, and you're usually surrounded by people you don’t know—some harmless, some dangerous, some friendly, and others not so much. Out of boredom (and because mobile phones are confiscated upon arrival, though some manage to smuggle them in), many people waiting for a bail bond agent or their lawyer to secure their release end up talking on the jail phone. However, as we shall see, this is almost never a good idea.
Common Mistakes to Avoid When Talking on the Jail Phone
Saying Incriminating Things
Once they arrive at jail, most people use their first phone call to contact a bail bond company to set their release in motion. After that, they’re typically allowed to make more phone calls, usually with an hour-long wait between them. Instead of being satisfied with one call, many inmates make additional calls and end up saying things they shouldn’t.
The problem? Every call made on the jail phone is recorded, and anything said can and will be used against you in court. Before the conversation starts, a recorded message warns that the call is being monitored. Ignoring this warning can lead to self-incrimination, which prosecutors are more than happy to use.
Using Code Words
Some inmates believe they can outsmart authorities by speaking in code when discussing their case. However, prosecutors and investigators have heard it all before. They can decipher slang, recognize suspicious phrasing, and even use experts to translate coded messages. If your call incriminates the person on the other end of the line, they may also face charges as an accessory or direct participant.
“Many jails and prisons give warnings to arrestees/inmates and their visitors that their conversations may be recorded. If the person admits guilt during such conversations – whether inadvertently or deliberately – the admission will most likely be used as evidence in their criminal case. This could even result in new charges being filed against the person who is currently behind bars.”
—Balduchi Law Office, Colorado Defense Attorney
Discussing Future Plans
Even if you don’t mention the crime for which you’ve been arrested, talking about post-release plans can cause problems. Mentioning a plan to leave the state and stay with a friend can make you a flight risk, potentially leading to your bail being revoked. Additionally, threatening someone over the phone—even in frustration—can lead to further charges, bail revocation, or an extended jail stay.
Mistaking Attorney-Client Privilege for Privacy
Even if you're speaking to your lawyer, you should be extremely cautious about what you say. While attorney-client privilege exists, it won’t necessarily stop law enforcement or prosecutors from listening in, especially if they don’t realize it’s your lawyer on the line. If they hear anything useful, they may still attempt to use it against you.
87% of lawyers reported that clients were not able to participate in calls where "no one else [was] present and able to listen to the call."
48% of attorneys reported instances in their jurisdiction where [inmate] communications were provided to prosecutors.
SOURCE: National Association of Criminal Defense Lawyers
Guidelines to Follow When Using the Jail Phone
- Keep Conversations Minimal — Use the jail phone only when absolutely necessary. Your first call should be to a bail bond company or attorney. If you must make another call, keep it brief and avoid discussing anything related to your case, future plans, or personal conflicts.
- Assume Every Call Is Recorded — Always operate under the assumption that law enforcement is listening to your calls. If you wouldn’t say it in a courtroom, don’t say it on the jail phone. The safest approach is to limit conversations to logistical matters, such as arranging bail or informing family of your situation.
- Avoid Talking About the Alleged Crime — Even if you’re speaking with a trusted friend or family member, never discuss the details of your case over the phone. Prosecutors don’t need a full confession—any small piece of information you reveal could be twisted to work against you in court.
- Do Not Make Threats or Plans to Evade Justice — Threatening someone, even if it’s just venting frustration, can lead to additional charges. Similarly, discussing plans to leave town after release can result in your bail being revoked. Keep conversations neutral and focused on immediate concerns, like legal representation and bail arrangements.
- Family and Friends Should Be Cautious — If you receive a call from a loved one in jail, be mindful of the conversation. If they start veering into dangerous territory, the best thing you can do is hang up. While it may seem harsh, protecting them from self-incrimination is more important than maintaining the conversation.
FAQs About Jail Phone Calls
Yes, all jail phone calls (except privileged attorney-client calls) are recorded and can be used as evidence in court. Prosecutors routinely review calls for any incriminating statements that could strengthen their case. Even seemingly harmless comments can be twisted to suggest guilt or intent.
In theory, attorney-client calls should be private, as they are protected by legal privilege. However, this protection applies only if the jail has properly designated the attorney’s number as privileged. If there is any doubt, assume the call is being recorded and avoid discussing case details.
Yes, if a defendant mentions plans to flee, threaten a witness, or contact a prohibited person, prosecutors can use the call to argue for bail revocation. Judges take such statements seriously, as they indicate a risk of noncompliance or further criminal behavior.
Even a single incriminating statement can significantly impact a court case. Prosecutors may use it to argue for harsher charges, deny bail, or convince a jury of guilt. In some cases, defendants have had plea deals revoked or received longer sentences due to what they said on a recorded call.
Yes, if a person on the other end of the call is implicated in a crime, they could face charges as an accessory. Law enforcement may also use calls to investigate additional suspects or build a larger case.
Jail phone calls have almost no privacy. Every call is monitored and recorded, and many facilities notify inmates of this before the call begins. Inmates should always assume law enforcement, prosecutors, and even investigators are listening.
Remember: Loose Lips Sink Ships (and Defense Strategies)
During the Second World War, the government mounted a very aggressive propaganda campaign aimed at making sure people in sensitive positions didn't unintentionally give away state secrets. The tagline of this campaign was "Loose lips sink ships". That is, if you're careless and say the wrong thing to the wrong person military personnel could end up paying with their lives.
Anyone arrested and tempted to have an indiscreet conversation on the jail phone should take that motto to heart, because it only takes one mistake to completely torpedo your potential defense strategy.
Jailhouse phones may seem like a lifeline, but they are also a major legal hazard. The best rule of thumb? Say nothing that could be used against you later. Keep your calls brief, avoid discussing anything sensitive, and always assume that someone is listening. Doing so can mean the difference between a straightforward legal process and a complicated, damaging case against you.
For Affordable Bail Bonds in Golden and Beyond Trust Tayler Made Bail Bonds
Besides calling Tayler Made for 24-hour bail bonds, one of the best things you can do if you find yourself in jail is to resist the urge to use the jail phone. Everything you say will be recorded and it only takes one verbal misstep to have your bail revoked, additional charges added or to undermine your defense strategy.
Call Tayler Made for Jefferson County Bail Bonds
If you’ve been arrested in Jefferson County, call our licensed bail agents 24/7 for immediate assistance.303-623-0399
The team at Tayler Made Bail Bonds is here to help you no matter what time of the day you find yourself in need. We're one of the most experienced bail bond companies in the state and will make sure that you, your friend or your loved one does not spend one minute more in jail than is absolutely necessary. So call us today at 303-623-0399.