Should You Tell Your Criminal Defense Lawyer The Truth?
When you hire a criminal defense attorney, you may not be sure what you should do. If you're guilty, you might not know if you should tell them or if it will harm your defense. Here's what you should think about.
You Have Confidentiality
Your attorney has to follow strict confidentiality rules. They aren't allowed to tell anyone else what you told them.
If you tell your criminal defense attorney that you're guilty, they can't tell the police, prosecutor, court, or anyone else. The only people they can tell are other people in their firm who are working on your defense. Those people also have to follow the confidentiality rules.
Confidentiality applies to anything you tell them. It's not just if you told them you're guilty. If you told them anything else that might hurt your case or even something that might not matter at all, they're not allowed to share that information.
You Have the Right to Plead Guilty or Not Guilty
You have the right to plead guilty or not guilty. It's your decision alone. Your lawyer can't tell you what plea you should enter or enter a plea for you.
The only thing your defense attorney can do is give you advice. They can tell you if they think you're getting a good offer or whether they think you can take an offer, but they can't decide for you. For example, if you told your criminal defense lawyer you're guilty of first-degree murder, they can tell you they think you should take the misdemeanor assault deal the prosecution offered. However, they can't make you take the deal even if they think there's no way you'll get a better outcome at trial.
In many cases, it can be smart to tell your criminal defense lawyer the truth. This helps them give you good advice on what you should do.
Your Lawyer Can't Let You Lie on the Stand
One thing your criminal defense attorney can't do is let you lie on the stand. You have the right to choose whether you testify or not, but your criminal defense lawyer can't ask you questions if they know you're going to lie.
For example, if you told your criminal defense attorney you stabbed someone, they can't ask you questions knowing you're going to say that you never saw that person before. If you want to testify, make sure you're not planning on saying anything that contradicts what you told your attorney.
Contact a criminal defense lawyer near you for more information.