People taken into state custody because they’ve allegedly broken the law have certain rights. Many people are at least vaguely familiar with their Miranda rights. They know that they have the right to remain silent and the right to speak with a lawyer after an arrest.
Despite being aware of those rights, many people fail to make use of them. Instead, they may speak openly after an arrest. What they say while in state custody can complicate their legal situation. Their statements may increase their chances of facing criminal charges and may make it harder for them to fight those pending criminal allegations.
What types of speech are particularly dangerous for those recently arrested?
Conversations with law enforcement professionals
When people refer to the right to remain silent, it is almost always in the context of talking directly with law enforcement professionals. Police officers cannot compel people to speak. However, many people think that they can explain the situation or talk their way out of criminal prosecution. Police officers often lean into those expectations. They act friendly and claim to be on the side of the person in state custody. Officers may outright lie to an individual to get them to implicate themselves, confess or make contradictory statements that could affect their defense strategy later.
Conversations with others in holding
People arrested for various different criminal matters may spend a night in jail. Those arrested on a Friday afternoon might spend more than one night in state custody before they can arrange for their release. There are a few options to pass the time other than interacting with the people in the same facility.
Those waiting for arraignment or release might converse with others in state custody. They may speak openly about their legal issues or might even exaggerate the story to command respect from others. What people may fail to consider when talking to others in state custody is that some of those people might try to act as jailhouse informants.
They might repeat what one person said in an attempt to avoid criminal prosecution or reduce the penalties that they face. Jailhouse informants might exaggerate one person’s statements or fabricate conversations entirely. Avoiding conversations with others while in state custody, or at least conversations about the pending criminal case, can be critical for a defendant’s protection.
Phone calls to other people
Making a phone call home is common after an arrest. Some people take advantage of the inmate calling system to make multiple calls as a way to distract themselves. Others might even try to address their legal issue while they are still in state custody. People often forget that phone calls made from state facilities are typically subject to monitoring and recording. Anything that they say while on the phone could end up included in the case against them. Only phone calls to attorneys have protection from screening and recording.
People who might think that they have properly used the right to remain silent could still say things while in state custody that could affect their criminal defense strategy. Understanding common mistakes can help people avoid issues that may worsen their legal challenges.