An Incriminating Statement to Police Can Be Used Against You
Individuals being charged for a crime and held in prison awaiting trial, should be well aware of the ways the prosecution can incriminate you. During your stay in jail, none of your conversations are private except for those with your attorney. This means that the following communications can be used against you:
- Phone calls. All calls are recorded and screened so be careful what you say. All information used can be used against you, including what is said by the person on the other end of the call. This means you should be careful who you call during your stay.
- Any mail received during your stay. All mail is screened before it reaches you so be contentious of who knows your whereabouts and is able to write to you.
- Conversations with officials, prison personnel and other inmates. Regardless of who the conversation was with, your personal conversations with individuals inside of jail can be used against you. This includes conversations with other inmates, police officers, public officials, prison guards and more.
As long as there is an ongoing investigation or court case against you, just be aware of everything you say and do. Anyone that you talk to during this time can be subpoenaed to testify in court about what you tell them.
Even if you are found not guilty of the charges you currently face, your interactions and communications can be used against you during future trials. Additionally, if you have interactions with witnesses, the prosecution might be able to call their character into question. This would hurt your case and make it more difficult for you to defend yourself because it could render the witness testimony inadmissible.
In addition to calling witness testimonies into question, it could call your own testimony into question. You don’t want to give the court any reason to believe that you aren’t honest or upstanding in any way.
Your right to remain silent under Arizona law
It might seem like an easy task to simply not socialize with other inmates and to be careful around police officers. However, you will be questioned, at which time you can’t just avoid answering. When you avoid answering questions during formal sessions, you can be seen as uncooperative.
If you don’t want to make a statement, you can invoke your right to remain silent by telling the officer questioning you. Alternatively, you can tell your attorney that your plan is to remain silent until your day in court and your attorney can inform the officers and officials necessary.
You do have a right to have your attorney present during questioning. This can help you decide which questions are safe to answer and which ones you should remain silent during. It is a good idea to always require that your attorney be present during any and all questioning. Your attorney will be able to build a stronger defense if he or she is kept up to date on all information surrounding your case.
Criminal defense for incriminating communication
Building a defense when criminal charges are pending against you can be difficult to do on your own. The prosecution will have skilled and experienced attorneys who know how to convict someone of the type of crime you are facing. To help you defend yourself, you should have an equally skilled and talented attorney representing you.
When available, your criminal defense should include witnesses, physical evidence and an alibi. The types of criminal charges vary greatly so your defense will lean heavily on what type of charges you are facing.
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