What Do You Do When You Are Arrested? Shut Up, Lawyer Up, And Remember That Jail House Walls Have Ears!

[Photo from cityofdelano.org]

What would you do if you, or a family member, were arrested?  Here is my perspective.  For over 30 years, I have both prosecuted, as a former federal and state prosecutor, and defended, as an Augusta, Georgia criminal defense lawyer, in both state and federal courts.  As a result, over the years, I have picked up a thing or two about how our criminal justice system really works. 

Trust me, getting arrested and dealing with jails and judges isn't all pretty! Hopefully, no one reading this blog will ever be arrested.  But have you ever considered exactly what you should do if the metal bracelets are ever placed on your wrists?  Here are just a few practical tips for you to consider:

1. SHUT UP AND LAWYER UP!  The first important tip for you to consider is the fact that, when you are arrested, under our Constitution, you have the right to remain silent and the right to consult with a criminal lawyer.  The point here is that, generally, you should consider exercising these important rights by shutting up and lawyering up!

2.  DON'T TALK WITH ANYONE IN JAIL:  Another tip for you to consider is the fact that jails are filled with rats and snitches!  In other words, you should avoid talking with any other inmates about your own criminal case!

3.  REMEMBER THAT JAIL HOUSE WALLS HAVE EARS:  Finally, you should assume, or consider as fact, that jailers often monitor everything that goes on in their facilities.  For instance, you should be aware that, generally, jail house telephone calls are monitored and recorded.  As a criminal defense attorney, I have even actually experienced a case in which the government improperly listened to a tape recording of a telephone conversation between a lawyer and a client!  So, the bottom line is:  Remember that jail house walls have ears and that you should watch what you say on the telephone! 

Again, I hope you never go to jail!  But have you ever considered what you would do if you were arrested?

How Some White Collar Criminals Get Caught!

As a former federal prosecutor, I once prosecuted an Augusta, Georgia home health care company executive for participating in a scheme to defraud the Medicare and Medicaid programs of millions of dollars. He was tried and convicted, and then sentenced to serve a lengthy prison sentence. Fortunately for him, he was designated by the U.S. Bureau of Prisons to serve his sentence in a fairly cushy minimum security prison in Florida. There, he was allowed to drive a truck and deliver supplies, sometimes off the facility's grounds. But he wasn't happy being in confinement. So, one day, he decided to escape. He drove away and never returned. Neither he nor his truck could be found!

Later, it was discovered that he had obtained a new identity, a new sailboat, and a new girl friend. He enjoyed his newfound freedom by sailing with her around the Carribbean! Life was good! Conceivably, he might never have been caught. But he made a mistake -- a mistake often made by criminals! He confided in his girl friend about his past, including his true identity and the fact of his escape from federal prison.

Initially, his life of freedom, sailing, and sunny beaches continued. But eventually, problems developed in the escapee's relationship with his girl friend. And when the relationship soured, the girl friend's sister "dropped a dime on him" by calling the U.S. Marshal's Service and informing them about their missing inmate! He was quickly recaptured and returned to custody. But there were no more cushy prisons! This time, the former executive was assigned to a maximum security federal prison. And to top it off, he received an additional sentence of 18 months for the escape!

Is there a moral to this story? Perhaps one important moral is to never commit a crime! But maybe another moral is: never tell anyone else, even your girl friend, about your crimes! The girl friend of today may be the snitch who "drops a dime" on you tomorrow!