When a person is in custody very often they feel it is “safe” to share their thoughts to other inmates.

In some cases inmates may call a lawyer on the phone to ask for legal advice. In other cases an inmate who has retained a law firm may decide to discuss the facts of their case with their lawyer over a jail house phone. Based upon recent decisions of the California court of appeals you are putting your case and your freedom in great jeopardy if you use the jail house phone to speak to anyone about your case.

In addition if you speak to an inmate who is in a jail cell with you it is critical you realize that that inmate may wish to receive leniency on their case in exchange for revealing what they claim you stated to them to the prosecution. The best possible advice is to only speak to anyone who is in custody about any of the facts related to your case. In fact in some cases it can be dangerous to your safety to discuss the charges you are facing with other inmates.

It is also the best idea NOT to speak to your lawyer on the telephone about the facts of your case. Most jails run a taped message warning people that jail house phone calls may be tape recorded; this tape MEANS WHAT IT SAYS.

It is normal for people in custody to want to talk about the facts of their case. Please refrain from doing so if you do not want to later see one witness against you being the inmate you shared facts of your case with.

If you have a question about this legal topic or any other legal issue contact Wallin and Klarich 24/7 and we will be glad to speak to you about your case.