Don’t Call Home to Tell Your Side of the Story from Jail
When someone gets arrested, the first instinct is often to call a loved one to explain what happened. It’s human nature — you want your family to know you’re okay and to hear your side of the story.
But as a criminal defense lawyer, I cannot stress this enough: do not talk about your case on a jail phone call.
Every Jail Call Is Recorded — and Can Be Used Against You
Whether you’re in the Cole County Jail, Miller County Jail, or any other Missouri facility, every call you make is recorded.
Prosecutors routinely request and listen to those calls. In many cases, they use a person’s own words against them in court.
Even a harmless statement like “it was just a misunderstanding” or “I only hit him because he came at me first” can be twisted into evidence of guilt.
Once those words are out there, there’s no taking them back.
Family Calls Are Not Private Conversations
Many clients assume that because they’re speaking to a spouse, parent, or friend, their call is protected or confidential. It’s not.
The only truly private calls are between a client and their lawyer.
Jail systems use automated recordings that begin with a message like: “This call is subject to monitoring and recording.”
Courts have consistently ruled that people waive their right to privacy when they continue after hearing that warning.
That means if you tell your mom “I didn’t mean to hurt anyone,” or you ask your cousin to “tell the victim I’m sorry,” prosecutors can play that recording in front of a jury.
What You Should (and Shouldn’t) Say from Jail
When you call home, keep your conversations limited to basic, personal, and logistical topics:
Let your family know you’re safe.
Ask them to contact a lawyer (or call one for you).
Discuss how to post bond or arrange a visit.
Avoid anything related to:
What happened during the arrest
Who was there or what witnesses saw
Your version of events (“your side of the story”)
What you told the police
What your lawyer advised you
If you’re not sure whether something is safe to say — don’t say it.
Why This Mistake Hurts Good Cases
Some of the strongest cases fall apart because of recorded phone calls.
Even innocent comments can:
Undermine a defense strategy
Be taken out of context
Give prosecutors leverage during plea negotiations
In Missouri, prosecutors can easily request jail call recordings. Once that happens, your words could appear in the discovery file your lawyer receives — or worse, in open court.
Call Your Lawyer First — Not Your Family
If you’ve been arrested in Jefferson City, Cole County, or surrounding areas like Miller, Camden, Morgan, or Osage Counties, your first call should be to your attorney.
At Ernst Law LLC, I help clients protect their rights from the very first moment they’re taken into custody.
I can help you:
Communicate safely with your family
Understand what’s happening in your case
Avoid common mistakes that make things worse
Final Thought
You only get one chance to make a first impression — and sometimes, that “impression” is the sound of your own voice on a recorded call.
Protect yourself by staying silent about your case until you speak with your lawyer.
If you or a loved one has been arrested, call Ernst Law LLC today at (573) 415-2441 for a confidential consultation.
Serving clients in Cole, Miller, Camden, Morgan, and Osage Counties.
