People taken into state custody are usually aware of their Miranda rights. Even if they are not, police officers must inform them of their right to remain silent and their right to legal representation before questioning them.
People who invoke their right to remain silent can end formal questioning and may then need to wait for their release from state custody. In some cases, those individuals make mistakes while in state facilities that end up affecting the case against them. Avoiding admissions of guilt while in state custody involves more than just refusing to submit to police questioning.
The state records telecommunications
While most people in state custody have the option of calling friends or family members, doing so comes with a degree of risk. The state keeps information about all outgoing calls and may monitor and record conversations unless they are between inmates and their lawyers.
Anything said while on the phone could potentially help build the state’s case. Phone monitoring is so common that inmates often seek phones as a new form of contraband to allow for unmonitored communication with the outside world.
Jailhouse informants are also a risk
Even those who avoid making phone calls in state custody could still make statements that affect their criminal proceedings. Any statements made to others in state custody could impact criminal proceedings. Other people also facing charges can act as jailhouse informants. They may testify about what people say while in state custody as a means of reducing the penalties they face for their charges.
Learning about common mistakes that affect criminal cases can help defendants fully utilize the right to remain silent. Conversations with others while in state custody can harm a defendant’s case even if they avoid making statements to the police.