January 31, 2019

If you are under investigation for a sex crime, you need to be on your guard, because the police will likely resort to tactics and tricks that can cause you to unwittingly incriminate yourself.

One technique in particular can be very effective if you are not careful: the pretext phone call. Here’s how law enforcement will attempt to get you to incriminate yourself without you ever knowing they are listening to you:

What is a Pretext Phone Call?

The best evidence against you is a confession. Knowing this, investigators will use whatever means necessary to coerce you into confessing to a crime. To do so in sex crimes cases – especially sex crimes involving children – police will often set up a “pretext phone call.”

A pretext call is where the alleged victim, the alleged victim’s parents or another person calls you. What you won’t realize is that the police are listening in and recording the conversation.

The alleged victim will make statements such as: “How could you do this to me?” or “You need to make this right.” He or she might tell you about nightmares he or she is having or suggest that he or she needs to go to counseling due to the incident. These statements are intended to provoke an emotional response. This could lead you to unknowingly make incriminating statements, such as “I’m sorry.”

Is a Pretext Phone Call Legal?

Normally, it is against California law to record a conversation without the consent of all parties involved in the call. However, there is an exception under PC 633 that allows for the recording of phone calls made for the purpose of a criminal investigation.

How You Should Handle a Pretext Phone Call?

Pretext phone calls can when you least expect them. They may occur on the anniversary of the alleged incident or on the victim’s birthday. A call could come years after the alleged incident.

The best way to avoid incriminating yourself during a pretext phone call is to avoid taking the call. If you think you could be under investigation for a sex crime, do not answer calls from unknown numbers, the alleged victim or law enforcement. Do not respond to text messages or emails.

Contact the Sex Crimes Defense Attorneys at Wallin & Klarich Today

If you suspect you are the target of a sex crime investigation, the best thing you could do is contact an experienced and skilled sex crimes defense lawyer immediately. At Wallin & Klarich, our knowledgeable sex crimes defense lawyers have more than 35 years of experience successfully defending clients facing serious criminal matters. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich sex crimes defense lawyer available to help you no matter where you work or live.

Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation regarding your case. We will be there when you call.

Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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