Many people are familiar with the Miranda warning. They understand that they have the right to remain silent when police officers question them. They may also recognize that they need to speak with a lawyer as soon as possible after an arrest.
Despite attempting to assert their rights, many people make mistakes when they are in state custody. For example, they may share information with others that can potentially strengthen the state’s case. What people do after an arrest can have profound implications for the criminal charges they may face in the future.
Anyone in a state facility can testify later
Contrary to what people sometimes assume, police officers are not the only ones who can share details with the courts about a person’s time in jail or a holding facility. Other people in state detention can become jailhouse informants.
They may offer to testify in exchange for lenient treatment by the courts. Therefore, any casual conversations with other people while in state custody can end up giving the state evidence to use in a criminal case.
Additionally, phone calls to friends or family are also potential sources of evidence for the state. With exceptions for phone calls made to a criminal defense attorney, most phone calls by those in state custody are subject to recording.
Not only can state employees monitor calls, but they can also record conversations and use what people say as evidence if the case goes to trial. Avoiding any conversations that address pending charges and could strengthen the state’s case is critical for those in state custody.
Speaking with an attorney as soon as possible after an arrest can help people understand their rights. A lawyer can help people avoid mistakes that can limit their criminal defense options after an arrest.