The Annual Warning: The Jail Phone Will Convict You

By: John Guidry

Some things bear repeating. Consider this article my annual warning to inmates: Your calls are being recorded.

To be fair, after over 20 years of defending criminal cases, I’ve talked to my fair share of clients over the jail phone system.

• The Exception: Calls to your attorney are protected by privilege (usually).
• The Rule: Calls to your mom, grandma, girlfriend, or “boy” are never private.

We all know not to talk about the case details. Yet, time and again, the average recorded inmate call finds its way into a trial and destroys the defense.

Did the State play a recording of your jail call in court?

We need to check if you were properly warned. Call John today at (407) 423-1117.

The Case: Jackson v. State (Death by Phone Call)

This case is a big one: Jackson v. State, 127 So. 3d 447 (Fla. 2013). Jackson was sentenced to Death for the murder of a retired couple who were buried alive in a “secret” spot. The case was so high-profile it was featured on Discovery Channel’s Wicked Attraction.

The Mistake: It could be argued that if the murderers had kept their mouths shut, the bodies would never have been found. But one co-defendant (“Bruce”) told the police where the bodies were. When Jackson found out, he called his grandmother from the jail. The recording captured him saying:

“Bruce told them where the f*** these people were at. Oh, my God. How the f*** could he do that? Bruce just hung us all.”

The Result: Those words were played for the jury. It was a confession caught on tape. Jackson’s attorney tried to suppress the recording, but the Florida Supreme Court ruled it was admissible.

The Law: No Privacy in a Cage

Why did the Court allow this? Admissibility begins with the Florida Security of Communications Act (Chapter 934). This law protects privacy, but only if you have a “Reasonable Expectation of Privacy.”

The “Back Seat” Rule (State v. Smith) The Court relied on State v. Smith, 641 So. 2d 849 (Fla. 1994). In that case, suspects were recorded whispering in the back of a police car. The Court ruled there is no expectation of privacy in a police vehicle.

• The reasoning extends to jail. When you are in custody, society does not recognize your right to a private conversation (except with counsel).

The Warning Shot The jail phone plays a recorded message: “This call is monitored or recorded.” There are signs posted on the wall.

• The Logic: If you hear the warning and keep talking, you have consented to the recording. It should have come as no surprise to Jackson that his confession was being taped.

John’s 2026 Update: The AI is Listening

Note: In 2013, a detective had to manually listen to Jackson’s calls to find that quote. In 2026, the computer does it for them.

1. AI Transcription and Keyword Flagging Today, jails use software (like Verus or Securus systems) that automatically transcribes every call made from the facility.

• How it works: The AI scans millions of hours of audio for keywords like “gun,” “buried,” “alibi,” “witness,” or “money.”
• The Danger: If you say, “Make sure she doesn’t come to court,” the AI flags that call and emails the prosecutor instantly with a timestamp. They don’t even have to look for it.

2. Tablets and Video Visits Jails now issue tablets to inmates for emails and video calls.

• Myth: “The tablet is safer than the wall phone.”
• Reality: Everything you type and say on that tablet is logged. I have seen prosecutors print out “private” messages sent via jail tablets to prove Witness Tampering.

3. Voice Biometrics Inmates used to swap PIN numbers to hide their identity (e.g., using another inmate’s account to make a call).

• New Tech: Modern jail systems use Voice Biometrics. The computer identifies your voice print regardless of whose PIN you used. If Jackson tried to use his cellmate’s phone account today, the system would still identify him and tag the recording to his case.

Stop Talking. Period.

There is no code, no slang, and no whisper quiet enough to beat the system. If you are in custody, the only person you should discuss your case with is your lawyer—and only when you are sure the line is secure.

Call me at (407) 423-1117. I’m the only one who can keep your secrets.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.