Our Virginia Criminal Defense Lawyers Explain What You Can—and Shouldn’t—Talk About on a Jail Phone
If you’re in jail, you need to be very careful not to say anything or do something that hurts your ability to defend yourself. While this phone may feel like the only way you have to stay in contact with your family and criminal defense attorney, our experienced Manassas criminal defense lawyers at The Wilson Law Firm outline below the pitfalls to avoid when talking on a jailhouse phone. It’s just one of the many ways we strive to fight hard to defend you and hopefully achieve the best outcome in your criminal case.
Do’s and Don’ts When Speaking on the Phone 
What you say in a call at the jail can limit the defenses that an attorney can raise for you—and even harm your criminal case. You must always remember that your telephone calls are being recorded, and jail guards will listen to them. They could use incriminating statements you make or other evidence you provide against you in your criminal case.
Here are crucial guidelines our criminal defense team recommends you follow when making phone calls from jail:
- Don’t discuss the incident. You need to use your constitutional right to remain silent and not mention the circumstances surrounding your arrest or the crime you’re accused of committing. The prosecutor could use any statements you make to try to convict you.
- Don’t make any admissions of guilt. One of the biggest mistakes individuals make while talking on a phone in jail is to make a statement that can be construed as an admission of guilt. Avoid saying things such as “I made a mistake” or “I’m sorry.”
- Do discuss your outside needs. However, it’s totally fine to talk to your family members about your daily life concerns, such as taking care of your children or pets or contacting your job.
- Do talk about bond. You may also be able to talk to your family about contacting a bail bond person and getting the money to pay your bail. But again—check with your criminal defense attorney before having these discussions to know what you can safely discuss to avoid inadvertently making a mistake that hurts your case.
- Limit what you say to your lawyer. Your call to your attorney could be recorded, too. Follow our criminal defense lawyers’ advice on what you can and should not discuss with us over the telephone. Keep in mind that we often won’t use a phone call for such details: our legal team visits you in jail to answer questions, update you on the progress of your criminal case, and discuss any plea bargains.
It’s extremely important to make smart decisions so a bad situation doesn’t become worse. It’s our responsibility to guide you through every aspect of your case to ensure you have the facts you need.