One of the most important things to remember if you or a loved one is locked up in jail or prison is that every phone call is recorded and will be used against you.
Prosecuting attorneys and cops have carte blanche access to these recorded calls and prosecutors have been known to stay up late at night in the days before trial listening to every call a defendant has made in order to find incriminating statements.
Often people will try to talk in code or otherwise obscure what they’re saying, but the cops always figure out what you really mean, and the prosecutor can easily explain it to the jury.
Attorney client communications are supposed to be confidential and shouldn’t be recorded, but in 2015 a massive hack of Securus resulted in the discovery of thousands of supposedly-confidential attorney client calls in with all of the other ones:
Particularly notable within the vast trove of phone records are what appear to be at least 14,000 recorded conversations between inmates and attorneys, a strong indication that at least some of the recordings are likely confidential and privileged legal communications — calls that never should have been recorded in the first place. The recording of legally protected attorney-client communications — and the storage of those recordings — potentially offends constitutional protections, including the right to effective assistance of counsel and of access to the courts.
The ability to talk to your criminal defense lawyer without the fear of being eavesdropped on or recorded is one of your fundamental rights. Call or text Joe Welch securely using Signal.