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If you are meeting with an attorney for the first time, you may be wondering, “How much should I tell my criminal defense attorney?” Or “Should I tell my criminal defense attorney I’m guilty?” The answer entirely depends on both you and your attorney’s preference. However, it is absolutely essential that you do not lie to your attorney. It is also very important to identify any case minefields that your attorney may not know about.
Different Preferences of Attorneys About Knowing If You Are Guilty
Similarly to contestants on Chopped, each lawyer does their own thing with the ingredients of the case. In answering the question “How Much Should I Tell My Criminal Defense Attorney,” different lawyers may give you different answers. Some attorneys ask point blank in the initial consultations, “Did you do it?” and won’t represent a client unless they know the answer to that question. Yet, other attorneys ask the client to tell them about their case, but specifically tell the client they do not want to know if the client is guilty.
Attorneys at our Firm generally fall somewhere in the middle of these two positions. Our preference is to know as much as the client is comfortable sharing. With that being said, at the initial consultation, we are practically strangers to our clients. With time, our relationship develops, and we develop rapport. It is not surprising to us if the client tells us a different story or adds more details than what s/he initially told us in the first consultation.
We’ve Heard It All. Promise.
If you are feeling embarrassed about the allegations and feel uncomfortable telling anyone what happened, don’t be. We have counseled hundreds, if not thousands, of clients and have heard it all. To get an idea of cases we’ve done in the past, check out our representative cases. Your case and the allegations do not define you as a person. Usually, people who are accused of crimes have just made a mistake or got wrapped up in someone else’s criminal conduct. We won’t judge you or the criminal charges in your case. Share as much information as you feel comfortable, and we will get through this together. There is absolutely no need to feel worried about telling your attorney what has happened, because the only people you can safely talk about your case are your lawyer and the rest of your defense team.
Plea Negotiations Are Built on Trust
As a defendant in a criminal case, you are unable to communicate directly with the Judge or with the prosecutor handling your case. That’s your attorney’s job. Your attorney will be persuading the prosecutor, and in some situations, the judge, to offer you a certain plea offer. If at any point, your attorney presents information to the prosecutor that is not 100% accurate, your attorney loses credibility. Once that happens, it is a lot harder to get the plea that you are looking for.
While it is important to tell your attorney only as much as you feel comfortable sharing, you should not be telling your attorney false or misleading information. That can only have a detrimental effect on your case. To answer the question of “How Much Should I Tell My Criminal Defense Attorney?” – share as much as you feel comfortable, but do not provide false or misleading information. That can only result in more issues with your case. Especially if the false version of the events gets communicated to the District Attorney’s Office.
Duty of Confidentiality and Attorney-Client Privilege
New York lawyers owe clients a broad ethical duty of confidentiality under Rule 1.6. Attorney-client privilege is related but narrower: it is an evidentiary protection that generally applies to confidential communications between attorney and client made for the purpose of obtaining or providing legal advice. The scope of confidentiality and privilege depends on the circumstances, and exceptions may apply.
Therefore, you have no reason to worry about your attorney sharing whatever you tell them. The only people your attorney discusses your case with, if anyone, are authorized members of the defense team, such as attorneys, staff, investigators, experts, or co-counsel, consistent with the lawyer’s confidentiality obligations and the needs of the representation. This will only be done when appropriate.
Must Avoid Minefields At All Costs
Your lawyer won’t work any less on getting you a great result for your case if your lawyer knows you are guilty of the crime. As the case develops, your attorney will obtain case documents and other discovery on your case. Your lawyer will get your arrest reports, complaint reports, any medical paperwork of the complainant, video surveillance, and photographs of the crime scene. Your attorney will thus develop their own view of your case and the merits of the allegations.
However, it is very important to remember that as your case progresses, frequently the District Attorney’s Office and the police are continuing their own investigation. Thus, if there are certain things that are not part of your case, but you believe may be discovered by the police upon further investigation, your attorney should know that. Thus, the goal in answering the question of “How Much Should I Tell My Criminal Defense Attorney” is to provide enough for your attorney to avoid minefields that can put your case in a worse situation.
Example of Avoiding Minefields in Criminal Cases
Client is charged with unlawful surveillance for upskirting a woman in the store. Client discloses to attorney that in addition to the one incident that the police know about, there are multiple other incidents of the client doing the same thing. If the police continue with their investigation, they will be able to uncover these other instances of other criminal conduct committed by the client. Therefore, after learning that the investigation may expand, counsel can evaluate the risks and available options with the client. The appropriate strategy may include investigation, motions practice, communications with prosecutors, or resolution discussions, depending on the facts and the client’s objectives.
Contact Top Rated New York Criminal Defense Attorneys
Hopefully this answered your question of “How Much Should I Tell My Criminal Defense Attorney” about my case. If you would like to discuss your case with us, please contact us to schedule your initial consultation.