What to do if…
you are told your communications are being monitored as part of an investigation
Short answer
Pause discussion of the investigation, preserve existing communications, and contact a criminal defense lawyer promptly. Do not contact anyone if written terms prohibit it; where contact is allowed and necessary, keep it practical and brief until you have legal advice.
Do not do these things
- Don’t call or message people involved in the investigation to explain, compare stories, or coordinate what anyone will say.
- Don’t delete, edit, hide, or reset texts, chats, photos, emails, call logs, accounts, or devices.
- Don’t post about the investigation online, even indirectly, and don’t discuss details in group chats.
- Don’t ask friends or family to hold devices, move items, hide things, or clean up anything.
- Don’t send bait messages to test whether monitoring is happening.
- If you are detained or incarcerated, don’t discuss the investigation on a standard facility phone, video call, or messaging system.
- Don’t answer substantive questions from investigators before getting legal advice. Don’t lie or guess. Follow lawful instructions.
What to do now
-
Pause case-related discussion.
Do not contact anyone if written terms prohibit it. Where contact is allowed and necessary, keep it practical and brief. Do not discuss people, locations, timelines, explanations, motives, or what anyone may say. -
Write down what you were told.
Note the date and time, who told you, their exact words as best you remember them, and whether the warning came from an investigator, a lawyer, a facility notice, paperwork, an employer, or another person. Keep this factual and do not speculate. -
Preserve existing records.
Leave messages, files, accounts, and devices as they are. Do not delete, edit, reorganize, or ask someone else to store or change anything. -
Contact a criminal defense lawyer.
If an investigator asks substantive questions before you have legal advice, say: “I want to remain silent and speak with a lawyer before answering questions.” Then stop answering substantive questions. Follow lawful instructions, and do not lie or guess. Rules about required identifying information can vary by situation. -
If you are detained or incarcerated, ask for the facility’s legal-communication procedure.
In federal Bureau of Prisons facilities, standard calls are monitored and electronic messages are screened. Other facilities have their own rules. Ask facility staff or your lawyer how to request a confidential legal call or arrange a legal visit. Do not assume that an ordinary call to a lawyer’s number is confidential. -
Check any written contact restrictions you have been given.
Monitoring is not the same as a no-contact restriction. If you have court paperwork, release terms, supervision terms, or facility rules, read the written wording and follow it. Ask a lawyer about anything unclear before contacting the people named in the documents. -
Use a simple response if other people press for details.
Say: “I can’t discuss this.” Repeat it without adding explanations.
What can wait
- You do not need to decide whether monitoring is lawful, how it may be happening, or who authorized it right now.
- You do not need to prepare a detailed statement, build a timeline, or reorganize records before speaking with a lawyer.
- You do not need to switch apps, replace a phone, reset accounts, or make hurried changes to devices.
- You do not need to decide whether to make a complaint or request records today.
Important reassurance
A calm pause is useful here. Saying less about the investigation, leaving records unchanged, following any written restrictions, and getting legal advice can prevent rushed decisions from making the situation harder.
Scope note
These are first steps only. Later decisions may depend on the type of investigation, whether you have been questioned or detained, any written contact restrictions, and the rules of a particular facility. The federal Bureau of Prisons resources below do not describe every state, county, or local facility. A criminal defense lawyer can give advice for your situation.
Important note
This is general information, not legal, medical, financial, therapeutic, or other professional advice. Laws, court terms, and facility procedures vary. A qualified criminal defense lawyer can advise you about your circumstances.
Additional Resources
About this guide
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