If you have been accused of a crime in California, you may wonder whether there are things you should not tell your lawyer. In most cases, withholding relevant facts can make it harder for your attorney to prepare your defense.
Attorney-client privilege protects many confidential communications, but there are limits, particularly when a client seeks help with future criminal or fraudulent conduct. Knowing what is protected and where those limits apply can help you communicate openly with your lawyer without withholding information they need.
With more than 15 years of criminal defense experience, Blair Defense Criminal Lawyers can help you understand these issues while building a defense based on the facts of your case.
Should You Tell Your Criminal Defense Attorney Everything?
Generally, you should be honest with your criminal defense attorney about the facts of your case, including information that seems embarrassing or damaging. Your lawyer needs to know what happened, what evidence may exist, and what you have already told others.
Hiding unfavorable information can leave your attorney unprepared if prosecutors uncover it later. Discussing past conduct with your lawyer is also different from asking your lawyer to help with future wrongdoing.
What Should You Not Tell Your Criminal Defense Attorney?
There are a few facts about your existing case that you should deliberately keep from your lawyer. Instead, the important limits involve what you ask your attorney to help you do.
For example, you should not ask your attorney to:
- Help commit or plan a future crime or fraud
- Hide, destroy, or alter evidence
- Fabricate evidence or knowingly present false testimony
- Threaten, bribe, or improperly influence a witness
California’s attorney-client privilege has a crime-fraud exception when a lawyer’s services are sought or obtained to enable or aid someone in committing or planning a crime or fraud. This does not mean you should conceal past conduct from your lawyer.
Can Your Criminal Defense Attorney Tell Anyone What You Said?
Generally, confidential communications between you and your attorney are protected by attorney-client privilege. California attorneys also have professional duties regarding client confidences.
However, privilege has exceptions, and confidentiality can become more complicated when unnecessary third parties are included in a conversation. When discussing your case with your lawyer, communicating privately allows you to speak candidly about information your attorney may need to prepare your defense.
At Blair Defense Criminal Lawyers, we encourage clients to speak openly with their attorney so we have the information needed to anticipate issues and prepare their defense.
Can Your Attorney Represent You if You Admit You Committed the Crime?
Yes. Telling your attorney that you committed the alleged offense does not automatically prevent the attorney from representing you.
The prosecution still has the burden of proving the charges beyond a reasonable doubt. Your attorney can examine the prosecution’s evidence, challenge unlawfully obtained evidence, question witness testimony, and raise applicable defenses. However, an attorney cannot knowingly present false evidence or testimony.
What Should You Tell Your Criminal Defense Attorney?
Tell your attorney about information that could affect the investigation, charges, or defense. This may include:
- What happened before, during, and after the alleged offense
- Statements you made to police or investigators
- Searches conducted by law enforcement
- Witnesses who may have relevant information
- Texts, emails, photos, videos, or other evidence
- Prior contact with an alleged victim or witness
- Relevant prior arrests, convictions, or pending cases
Giving your attorney accurate information early can help them prepare for issues before they arise during the case.
FAQ
Can a Criminal Defense Attorney Be Forced To Testify Against a Client?
Generally, a client can use attorney-client privilege to prevent an attorney from disclosing protected confidential communications. However, not every interaction with an attorney is privileged, and exceptions can apply.
Are Text Messages and Emails With a Criminal Defense Attorney Privileged?
They can be. Attorney-client privilege can apply to written and electronic communications when they qualify as confidential communications between an attorney and client. The method of communication alone does not determine whether privilege applies.
How Long Does Attorney-Client Privilege Last?
Attorney-client privilege generally continues after the attorney-client relationship ends. Ending the representation does not automatically make previously protected communications available for disclosure.
Does Attorney-Client Privilege Continue After the Criminal Case Ends?
Yes, generally. The conclusion of a criminal case does not, by itself, end attorney-client privilege. Communications that were protected during the case can remain privileged afterward, subject to applicable exceptions.
Contact Blair Defense Criminal Lawyers To Schedule a Free Consultation With a San Diego Criminal Defense Attorney
What you tell your criminal defense attorney can affect how effectively they prepare for the evidence and allegations against you. Being candid about relevant facts allows your lawyer to address potential problems rather than being surprised by them later.
If you have been arrested or accused of a crime in California, Blair Defense Criminal Lawyers can review the allegations and discuss your next steps. Contact us today to schedule a free, confidential consultation with a San Diego criminal defense lawyer.
We proudly serve San Diego County and its surrounding areas.
Blair Defense Criminal Lawyers San Diego
225 Broadway Suite 1750
San Diego, CA 92101
(619) 357-4977
24/7
