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Recorded jail calls?

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whocares142

Junior Member
What is the name of your state (only U.S. law)? AZ
My fianc� is currently incarcerated, awaiting trial on a criminal matter. He is being represented by a private attorney. His ex girlfriend was arrested and charged in connection with the case and is out on bail. It has recently came to my attention that all the phone calls that me and my fianc� have shared since his arrest has been released to her by her public defender. I have nothing to do with the case. When my fianc� called to speak with the child that they share, she took the phone from her and began bashing him about our private conversations. Repeating word for word the personal conversation we shared about our personal lives. I understand that the attorneys need to listen and pulled what's relevant to the case. But these recorded conversation between him and I had nothing to do with it. I feel violated in so many ways. I expected attorneys to be professional, but I feel this has crossed the line. What are my rights? She was belligerent and irate with him on the phone. Giving details about our intimate conversations. How does she have the right to these conversations that are not relavent to the case?
 


justalayman

Senior Member
But your boyfriend has something to do with her case and it is because of that that the attorney obtained the phone conversations.

And how is an attorney to know the conversation included nothing relevent unless they actually listened to them


You need to get over this. As long as fiancé is locked up you need to talk to him like your conversations are being broadcast on a loudspeaker. They are not private
 

quincy

Senior Member
What is the name of your state (only U.S. law)? AZ
... It has recently came to my attention that all the phone calls that me and my fianc� have shared since his arrest has been released to her by her public defender ... What are my rights? ... How does she have the right to these conversations that are not relavent to the case?
You have no rights of privacy when it comes to personal phone calls to a prisoner. These calls are monitored, recorded, and the contents of the conversations can be disclosed.

So that you do not say anything you might later regret, you have the right to censor what you say to others. In fact, that might be a good right for you to exercise when speaking to your fiancé.

There is no attorney malpractice or attorney ethics violation that I can see from what you have related here.
 

Proserpina

Senior Member
You have no rights of privacy when it comes to personal phone calls to a prisoner. These calls are monitored, recorded, and the contents of the conversations can be disclosed.

So that you do not say anything you might later regret, you have the right to censor what you say to others. In fact, that might be a good right for you to exercise when speaking to your fiancé.

There is no attorney malpractice or attorney ethics violation that I can see from what you have related here.
Excellent advice. I would also suggest that ... well, this doesn't come under the guise of legal advice but simply common sense advice.

Be careful who you date. Really. Be careful.
 

quincy

Senior Member
Slightly off topic but ...

Prisoner-rights groups have complained for years about the cost of phone calls to prisoners, which are often several times higher than similar calls would be to those outside of a prison.

Upon the receipt of numerous complaints about the charges, the FTC investigated regulating the rates, which would reduce or eliminate many if not most of the extra fees charged by the private companies that manage prison phone systems. The prisoner-rights groups applauded the interest by the FTC - until they discovered that FTC regulation could mean the elimination by the prisons of prisoners' access to phone service entirely.

Moral (perhaps): Be careful what you wish for.
 

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