Every prosecutor wants a theme — one sentence that tells the jury what the case is about. The easiest theme to write is one built from the defendant's own words. Former prosecutor Brian Foley explains where those words come from in this video.
The four places your words are collected
1. The scene. Body-worn cameras capture every word from the moment the officer arrives. "I only had a couple," "she hit me first," "I forgot it was in my bag" — each one becomes a quotation in the State's opening statement.
2. The jail phone. Every call from the Galveston County Jail is recorded, and prosecutors listen to them. Calls to a spouse, a co-defendant, or a friend about "what to say" are routinely played for juries. Assume every word is being transcribed.
3. Texts and messages. In assault family member cases especially, a text sent to the complainant after the arrest — an apology, an explanation, a request to "drop it" — is both evidence of guilt and a violation of the no-contact order.
4. Social media. Posts, stories, and comments are screenshotted by complainants, investigators, and prosecutors. A photo at a bar the night of a DWI arrest, or a post about the case, will be found.
The rule
Until the case is over, talk about the facts with one person: your lawyer. Everything said to your lawyer is privileged. Everything said to anyone else can be subpoenaed, recorded, or screenshotted.
Brian Foley and Luis Baez built prosecutions on exactly these statements. Call or text (409) 877-4909 for a free consultation before you say anything else.