Being in jail means a lot of your rights are seemingly stripped from you, but there are still a lot of rights you have that, if broken by jail workers, could work out really well in your favor. One of these rights is the use of the phone, and what can and can’t be recorded for trial purposes. While most phone calls can be recorded, there are a few examples of phone calls that are not able to be recorded. It is important for you to know your rights if ever faced with this situation.Which Phone Calls Can Be Recorded?
The types of phone calls that can be recorded, and essentially be used against you if needed, are phone calls to friends and family members. One of the ways this can be used against you is if you give any information about a trial, or the crime, over the phone. One example is of a man who went to jail for killing two victims in a car accident and then admitted over the phone to a family member that he did not care at all of what he did. The jury used this against him, and he was sentenced for a much longer period of time.
Which Calls Cannot Be Recorded?
Any call to your lawyer is not allowed to be recorded, as the information is allowed to be private. In any case, where there is proof of the jail recording a call to the lawyer (which has happened a lot), the victim may be able to dismiss the case as a whole or lighten the sentence that would be given. Again, there must be proof that the jail recorded this call, but it is very illegal for them to do.
If you or a loved one has had a call recorded that was not allowed to be while in jail, there is a strong case to be made. Contact the Tumelty Law offices today to speak with a highly-experienced lawyer, and to schedule a free consultation.