What Is a Confrontation Call? How Arizona Law Enforcement Uses These Tactics Against Sexual Assault Defendants

If you are being accused of a sex crime, you need to consult with a sex crimes lawyer right away to find out what your rights are and how to protect your freedom.  If law enforcement questions you, you will be read your Miranda Rights and you can assert your right to remain silent. However, when it comes to Confrontation Calls, there are no requirements that trigger a Miranda Right Warning and anything you say will be used by the police and prosecutors to secure an indictment and possibly a conviction.

What is a Confrontation Call? Simply put they are non-police third party communications that are recorded with the goal of attaining a confession. Many times these calls are set-up by law enforcement to get a confession. Police do this in a controlled environment where they often coach the alleged victim prior to making the call and assist them during the call to steer the conversation in a specific direction. These calls have been used to convict many people in Arizona. How can you identify a confrontational call and what do you do if you find yourself in one of these situations?

What Is a Confrontation Call In Arizona Sex Crime Cases?

Typically a confrontation call will come from someone you know that you may have been intimate with, this can be a casual encounter or even an established relationship. The phone call is recorded and typically law enforcement is present and assisting the caller. Because most people are unaware that  the conversation is being recorded or that law enforcement is listening it becomes easier to get you to implicate yourself without you knowing. People who may initiate the confrontation call are:

• Sexual Assault Victims
• Parents of children who were molested
• Spouses of the accused
• A close friend of the victim

What Is The Purpose of a Confrontation Call In Sex Crime Investigations?

The purpose of a confrontation call is to get you to implicate yourself. This is achieved through the familiarity between you and the caller which gets you let your guard down. You may say something that you would not otherwise say if you were approached by law enforcement. Police do not need a full admission of guilt. A simple apology from you can be interpreted as  a confession. An acknowledgement of the time and place or other details of the alleged event will be used by law enforcement to support the case against you.

VS Criminal Defense advises our clients to end the call if they find themselves in this situation. Just because you did not get your Miranda Right Warning does not mean that you cannot evoke your right to remain silent.  ALWAYS REMAIN SILENT.

How To Respond If You Receive a Confrontation Call In Arizona

If you receive a confrontation call, the next steps you take are very important. The first thing you need to do is to exercise your right to remain silent. Do not talk about or acknowledge the alleged event. Do not admit to doing anything wrong, do not apologize and do not try and explain yourself. End the call as quickly as possible.

The final step after ending the call is to contact a Sex Crimes Attorney immediately. 

How To Identify a Confrontation Call: Key Signs To Look For

It is not always clear when you receive a call that it is a confrontation call, but properly identifying this type of call is important. A sex crimes lawyer can give you ideas on what to look for and how to recognize a confrontation call. Confrontation calls have certain characteristics including:

• The caller will bring up specific events or details about a particular incident.
• The incident they bring up may have happened years ago.
• You are asked questions like, “Why did you do that?” or “Do you remember what happened that night?” “ Why did you pick me?”
• The caller might seem unnatural, more formal or scripted.
• You may notice the use of guilt, emotional manipulation or other emotions trying to get a reaction out of you.

How Confrontation Calls Secure a Conviction In Sex Crime Cases

Confrontation calls are notorious for destroying strong defenses and a Arizona sex crimes lawyer will counsel you not to speak to anyone, even close friends and family, about the alleged crime. Confrontation calls are recorded and the recording can be used against you in court. This means that if you make any incriminating admissions, it will be used to prove your guilt. 

Incriminating admissions are not always clear admissions of guilt. Sometimes they are implications, such as “I’m sorry for what happened.” While you are not necessarily admitting that you did anything specific, that vague admission can be misinterpreted as a confession. 

Anything you say can be taken out of context and twisted to make it sound like an admission of guilt. If you receive a confrontation call, you must remain calm, do not make any admissions and do not apologize. Find a way to politely end the call and immediately contact a Sex Crimes Attorney.

Is It Illegal To Record During a Confrontation Call?

Each state has a different law on whether or not it is legal to record a phone conversation. Arizona is a one-party consent state, which means that only one person engaged in the phone call has to be aware and consent to the recording. In the case of a confrontation call, the victim or witness making the call is consenting to being recorded, meaning you have no say in the matter.

Can a Confrontation Call Be Years Later?

Many sex crimes have a lifetime statute of limitations, this means that a Confrontation Call can be conducted anytime during your lifetime. While some confrontation calls are the day after an event, others can be many years later. For felony sex crimes there is often no limit to the time the victim has to gather evidence such as a confrontation call.

Our Trusted Sex Crimes Lawyers Will Help You Build a Strong Defense In Your Case

At VS Criminal Defense, our Phoenix sex crimes lawyers are trained and highly qualified to handle allegations of sex crimes against you. These allegations are serious and come with a lot of emotions, we put our clients first, listening with compassion and understanding. We will help you build a strong defense and ensure that your rights are protected.

Contact us today for a consultation and discover how our specialized attorneys in Sex Crime cases can protect you throughout the entire process.