You may be facing criminal charges right now and not be sure if there is anyone who is really going to listen to the truth about what happened. You might feel that it’s necessary to leave out some of the details that don’t make you look good when you talk with others or that you can’t express the full truth of what happened for various reasons.
You need to know that honesty is the backbone of your case, and you do need to be as honest as you can be with your attorney. You have attorney-client privilege, which means that your attorney will keep your communications private. Generally speaking, only clients have the power to waive the privilege if there comes a time when it’s necessary to do so.
Keep in mind, though, that this privilege only protects confidential communications, so if you say something you shouldn’t to a third party, it could still be used against you. Your attorney may also break confidentiality if:
- They believe that it would prevent certain death or bodily harm
- They know they can prevent the client from committing a crime or fraud that could harm someone’s property or their financial interests
- They think they can minimize or prevent injury due to a client’s fraud or crimes in cases when the attorney’s services could be connected to that conduct
On the whole, however, sharing your truth with the attorney will not lead to them leaking your confidential information.
You have to be transparent with your attorney for the best defense
Confidentiality is there for a good reason. If your attorney has all the nitty-gritty details of a case, they can prepare a solid defense and be prepared for any evidence or claims the prosecution intends to make. The last thing you want is for your attorney to be caught off-guard and to be unable to help defend you in court.
Be clear about what happened and why you’re dealing with criminal charges now. Your attorney can provide better guidance when they know all the details about your case.