When people are in jail, they are usually afraid, panicked, or overwhelmed. In this fragile state of mind, they understandably turn to family members and good friends for comfort and counsel. Unfortunately, contacting loved ones from the Denver County Jail often leads to harsher consequences for people who have been arrested in Denver, Arapahoe, or Douglas County. This is because inmates say careless things, not knowing the police and District Attorney are recording each and every call. If anything damning is said by the inmate about their case or situation, it will be used against them in court.
Recorded Inmate Calls: A False Sense of Security
Sitting in the Jefferson, Adams, or El Paso County jail can be lonely. After all, being arrested for a crime such as Unlawful Sexual Contact, Indecent Exposure, or Sexual Exploitation of a Child is an emotional, frustrating, and confusing experience. One of the first things people want to do after they've been arrested is to call friends or family for support and connection. Unfortunately, people don't know their conversations are being recorded. After all – no one is watching them while they make the call. This creates a false sense of security, while inmates talk about their situation, the case, and their side of the story. This is vital information for the prosecution and harmful to the accused.
An Example of a Jail Call
Josh was out drinking with his buddies one night. They went to clubs all throughout downtown Denver. In the very early hours of the morning, Josh met Amanda – she was just as drunk as he was, and exceptionally clingy, having just broken up with a serious boyfriend. She got very close to Josh on the dance floor, and he made the choice to grab her breast as they danced. Unfortunately for Josh, he thought Amanda was on the same page as him – she was not. Amanda screamed, slapped Josh, and reported him to the management, who called the police. Drunk as he was, Josh resisted speaking to the police, and was arrested for Unlawful Sexual Contact and Obstruction. As he sobered up in the Denver County Jail cell, Josh began to panic. He had a good job he didn't want to lose – his future was on the line. He used his phone call to contact his brother, Eric. Eric picked up the phone:
“Eric! It's me – I don't know what to do, man…I've been arrested.”
“Josh? What happened? Where are you?”
“I…I don't remember very well. But, I got too close to a girl last night…she called the cops.”
“What did you do to her – what happened?”
“Well, I grabbed her boob…we were both so drunk…”
“I'll be right there, man – sit tight!”
What might have seemed like a comforting call to his brother is now a key piece of evidence in the case against Josh. It doesn't matter to the District Attorney that Josh was just as inebriated as Amanda. It doesn't matter that she led him on and was all over him five minutes before. What matters is that Amanda is the victim, and now they have a recorded phone call where Josh admits he touched her inappropriately.
How the District Attorney Uses Recorded Jail Calls
Police, District Attorneys, investigators, and detectives listen to the recordings of jail calls, looking closely for anything they can use against a defendant. Any comments made about the alleged victim, a confession, or discussion of the crime is used in the courtroom. These recordings can be rewound and listened to repeatedly. If the DA finds useful information, he will take pieces of the recording and play it to the jury during a jury trial. When the accused's own voice is heard in the courtroom, it cannot be challenged – it is the perfect evidence to use against the accused in a criminal case.
Our Advice as Experienced Criminal Defense Lawyers: Don't Talk About Your Case
The criminal defense attorneys at the O'Malley Law Office have 40 years of combined courtroom experience. We have thorough knowledge about how the criminal justice system works. We advise all people who have been arrested for a crime in Boulder, Pitkin, or Mesa County to not speak about their case at all with loved ones while on the phone or at the jail. Don't talk about:
- Alleged Victim
- Details of the Incident
- Any Other Aspect of the Case
Instead of looking to family for guidance, contact an aggressive criminal defense attorney who will come to the jail to speak with you in-person. We will discuss your case, your side of the story, and how best to defend you and protect your future. Speaking about details of the case over the phone has led to many people being sentenced to prison for long periods of time. Don't make the mistake of talking about your case over the phone – instead, remain silent and contact a hardworking attorney to fight on your behalf.Request a Free Consultation