Don’t Make Jail Calls

You were arrested and now you are isolated from your friends and family. You want out of jail and you need their help. They want to know what happened.


Show restraint. Don’t talk about the reason you are in jail, and if they ask, just memorize the following: “we’ll talk about that later.” The calls to your family are all recorded and if you think the prosecutor won’t waste his time listening to all the calls you make to your girlfriend, then you’re wrong. Many times, the jail calls are the strongest piece of evidence that the prosecutor has against a defendant.


Another issue is when a defendant makes a call from jail when there is a restraining order against the person they are calling. This is a new offense that is automatically proven with the jail call. I have even seen incidents where the defendant thinks they are outsmarting everyone by using another inmate’s calling card. This is not smart. Don’t do it.


If you’re calling from jail, keep it simple. Ask about your family/friends on the outside. Let them know how you are doing physically and mentally. Let them know how they can help, especially to procure a lawyer. Don’t talk about anything else, and don’t engage in anything that could be considered drama.


Lastly, you should even show restraint when talking to attorneys. It has been claimed that attorney calls were not being recorded, when in fact they were. Prosecutors were given the recordings without the knowledge of defense attorneys, and we had to trust that they turned the recordings off immediately once they determined the call was to an attorney. I’m not a very trusting person when it comes to prosecutors. If I am ever going to discuss the facts of a case with a client, it will be in person. Limit phone conversations to administrative and preliminary matters, such as procuring a Personal Recognizance bond – even if that call is with an attorney.


If a friend or loved one is in custody in Travis county, call attorney Rob Chesnutt to discuss the possibility of a jail release. 512-677-5003.


Leave a Comment

Your email address will not be published. Required fields are marked *