Securus Corporation is the nation’s largest provider of phone services to the prison population and records every call made by a prisoner from a prison facility. The Intercept reported that 70 million prisoner phone calls were hacked, violating attorney-client privilege. Most of these calls were to family members and you can be assured that the prosecutor will pull a defendant’s jail calls before trial.
I generally try to avoid talking to my clients on the jail phone to avoid this potential issue. If I must, I usually start the conversation by saying “This call is covered by attorney-client privilege. Everything discussed on this call is confidential. Please stop all recording. If you cannot manually stop the recording, anyone who listens to this conversation is in violation of state law. Please turn off the recording now.” I don’t know whether that works, but at least it provides fair warning to the law enforcement that the conversation is not to be listened to.
As a precaution, I rarely try to address the substantive facts of my client’s case on the phone. I stick with public information such as court dates, filings, responses to pleadings. Mostly, I discuss procedure and very general Criminal Law 101 procedure. I never discuss defenses, prospective plea offers, arguments for bond or how I plan to get the client out of jail on the phone. Those conversations should take place in person.
In light of this, what are the Dos and Don’ts when you get the 3am phone call from from the Jefferson Parish Correctional Center, Orleans Parish Prison or another jail in the Greater New Orleans Area.
1. Do Get the Name and Correct Date of Birth the Person is Booked Under.
As a criminal defense lawyer, I have access to online case information in Jefferson Parish, Orleans, St. Tammany and St. Bernard. In other parishes, I can usually call the jail and get the necessary information. However, if the defendant is booked under a different name such as his middle name or his Christian name or her maiden name, I am going to have a hard time locating them. Same goes for date of birth. I can’t tell you how many times I can’t find a potential client in the system because their date of birth has numbers that are transposed.
2. Do Ask “What Parish Jail Are You In?”
You would be amazed at how often I get calls from people and they don’t know what parish the client was arrested in. I can usually find them, but it does make my job easier to know where they are located.
3. Don’t Ask “What Happened?”
It is natural human curiosity to want to know how someone’s life choices, especially when it’s your child, led to them to wind up calling you from jail at 3 in the morning. There will be plenty of time for reprisals later. Right now, as the person receiving a jail call, your only thought should be “What do I need to do to get them out of jail?”
The call is being recorded. Any discussion of the facts of the case can and will be used against your loved one in a future prosecution, no matter how innocuous the description of what led to the arrest may be.
4. Do Ask “When Do They Go Before the Judge?”
Bond setting is tricky. The State the Public Defenders don’t like having private criminal defense lawyers at bond settings. Initial appearances aren’t a state secret, but they aren’t well publicized either and can occur at odd times. Most times, once your loved one is booked, they will have that information. It is important to ask that question.
5. Do Caution Them Not To Speak About Their Case To Anyone But Their Attorney.
Most clear-headed people know to shut up when the police have them under arrest. However, many clients think they can talk themselves out of their situation. So, they explain away. All of this can be used against them in court. This goes for speaking to other inmates as well. Inmates can quickly become jailhouse snitches if it is to their benefit.
6. Don’t Leave Your Loved One in Jail For Any Longer Than They Need To Be There.
On most offenses, an experienced criminal defense attorney can the client out of jail quickly. But sometimes I hear “Leave him in jail to teach him a lesson.” While I do think learning life lesson is important, the Louisiana parish jail system is not going to impart any significant life lessons. I often tell parents “I think it is admirable that you want your son or daughter to deal with the consequences of their actions, however that is a lesson you can teach them on your own, once they are out of jail.”
7. Do Hire a Criminal Defense Attorney As Soon As Possible.
The sooner a criminal defense attorney is involved in the process, the better results are for the client. There are more opportunities to shape the facts, posture the case with prosecutors and get out in front of any almost certainly negative media coverage.
Mordock Legal Can Help
If you need to talk to an experienced criminal defense attorney in the New Orleans area, do not hesitate to call Craig Mordock at 504-304-2335. Our phone is answered at all times– day or night.