Should I Tell My Defense Lawyer About Crimes in Naples?

Many people might be reluctant to work with criminal defense lawyers in Naples for various reasons. Some might hesitate to discuss certain topics – including crimes they may or may not have committed. Should you really discuss your alleged offenses with a criminal defense lawyer? What exactly is the “client-attorney privilege?”

You Can Discuss Anything You Like With a Defense Attorney 

The most important thing to understand is that your defense attorney cannot reveal any of your private discussions with anyone. This is called “attorney-client privilege.” If a lawyer breaches this rule, they will likely lose their license to practice law. Every legitimate defense lawyer takes this very seriously, and they encourage their clients to provide as much information as possible.

In theory, this allows you to confess to certain crimes without worrying about the consequences. As long as you tell your lawyer during a private conversation, they cannot reveal your admission of guilt to anyone else.

Many argue that it makes sense to confess to your defense lawyer. The more information you give your defense attorney, the easier it will be for them to craft an effective defense strategy on your behalf. If you lie and say you never committed the crime, your defense attorney may mistakenly create a less effective defense strategy.

The Exception to the Attorney-Client Privilege 

There is one notable exception to the attorney-client privilege. You cannot tell your lawyer that you will commit crimes in the future. If you tell your lawyer that you’re going to commit crimes in the future, they are legally obliged to report you. The attorney-client privilege only applies to past events.

What if I Choose to Work With a Different Lawyer? 

Even if you discuss your crimes with an attorney during a consultation before choosing to work with a different lawyer, the attorney-client privilege still applies. You can trust a lawyer to keep information private even if you never pay them and “become their client,” so to speak.

 Do I Need a Lawyer When Questioned About a Friend’s Crimes? 

If law enforcement officers are questioning you about crimes that one of your friends has allegedly committed, you also have the right to remain silent. You do not need a lawyer to exercise this right, and officers cannot question you once you invoke the Fifth Amendment. That being said, it may be helpful to have a defense attorney at your side during interviews. If you cannot afford a defense lawyer, you can always ask for a public defender instead.

If you’re not comfortable with speaking about your friend’s alleged crimes, do not say anything. Once you agree to an interview, even a brief comment could allow officers to continue questioning you. If you refuse to continue after offering some information, you may even face obstruction of justice charges.

Discuss Your Situation With an Experienced Naples Defense Attorney 

Defendants should not hesitate to discuss their circumstances alongside experienced defense attorneys in Naples. That being said, you can decide for yourself what you’d like to discuss. To begin this conversation, consider a consultation at The Foley & Wilson Law Firm today.

Sources: 

floridabar.org/the-florida-bar-news/the-attorney-client-privilege-v-the-confidentiality-rule-a-lawyers-conundrum-in-the-use-and-application-of-the-evidence-code-v-the-rules-of-professional-conduct/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0090/Sections/0090.502.html