Recorded jail phone calls violate 6th Amendment and cost us money, attorneys say in lawsuit

Recorded jail phone calls violate 6th Amendment and cost us money, attorneys say in lawsuit

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Joining colleagues in Florida, Minnesota, New York, Pennsylvania and Tennessee who have complained that jailed defendants’ phone calls with their attorneys are being recorded, some Texas lawyers have filed an amended class action complaint objecting to the practice.

However, in addition to arguing about alleged violations of inmates’ Sixth Amendment constitutional rights, the Austin Lawyers’ Guild raises another issue in last week’s filing that will likely strike a chord with fellow defense counsel: Recording phone calls is costing defense attorneys money, because it forces them to spend more time visiting with inmates in person to keep conversations confidential, reports Texas Lawyer (sub. req.).

The amended complaint also contend that prosecutors were aware of the recordings and that judges have tried to stop the practice, to no avail.

Assistant Travis County attorney Tony Nelson is representing three of the defendants in the case, county sheriff Greg Hamilton, county attorney David Escamilla and district attorney Rosemary Lehmberg. He says they deny the allegations and will provide more details in a responsive filing, the legal publication reports.

How We Can Help

If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed criminal law attorney who has been practicing law since 1987. He is available whenever you need him to defend your rights. Please learn about our firm at www.FerrisLawFirm.com.