As you know, we don't represent families of the incarcerated or families of those who are facing prosecution. Therefore, regardless of who pays for legal services, the duty of representation, confidentiality and loyalty must always be to the client. However, we know this is a difficult time for family and loved ones, and therefore the following is some helpful information. Also, if the client wishes us to update you on the case, he or she can advise us of that fact and we can do so. Attorneys have to be mindful of not allowing third parties to interfere with representation of the client in any way. This is why you may not always like how much or how often you can speak with your loved one's attorney. This is not be callous or to treat you with disrespect. It is to honor our duty to your loved one, and the integrity of our profession.
One of the biggest ways you can help your incarcerated loved one is to NOT DISCUSS THE CASE, THE FACTS, THE EVENTS, OR ANYTHING YOU WOULD NOT WANT A JURY TO HEAR with your loved one who is incarcerated, either by phone or during visits. Many cases that were not so great for the government lawyer (prosecutor) when someone is arrested, get better due to statements made in recorded phone calls or visits. It is all recorded by the Maricopa County Sheriff's Office. So talk about the kids, the family, and anything else that you don't mind others hearing.
Mail can also be read, so do not discuss the case or facts of the case, or anything that you don't want the government attorney to see.
If you have important information about the case, you can call or write the attorney directly about it.
Do not have any contact with the alleged victim, either on your own behalf or your loved one. This is NOT helpful to the case. The only exception is if the alleged victim contacts you and does not want to cooperate with prosecution.You can let the attorney know this.