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September 19, 2018 by admin Leave a Comment

Pro and Con of Telling Your Attorney the Whole Truth

DUI Criminal Defense Attorneys

Although you typically seek out to find an attorney to defend you whether innocent or guilty, it may difficult to make the decision to tell your attorney everything about your case. Only because you do not know the law, which is likely why you need an attorney in the first place, and your main focus is to not be incriminated. There is always a way for a good and experienced attorney to successfully defend you. There are some benefits to telling your lawyer everything they need to know, while there may also be some things that are detrimental to your defense. Here are some assets and liabilities of telling your attorney the whole truth and nothing but the truth:

When your attorney knows all the facts of your case, he or she is able to craft the perfect strategy for your defense. It helps for attorneys to know all the details of your situation. Just because you may be guilty, does not mean your case cannot be won or dismissed by a knowledgeable attorney. As long as he or she is fully aware of anything that may hinder your defense, there is a chance for you. Because you do not know the law, there may be details that you do not see as pertinent to your defense, when it could make all of the difference in your case. With all of the information related to your case, your attorney may have the courts accept a plea or even negotiate a lighter sentence based on certain justifications. The possibilities are not as limited as they would be if your attorney was in the dark about the facts of the case. Your attorney cannot be as effective in his work if he has only partial details.

Do also remember, as a legal professional, your attorney cannot share any information you release to him or her, without your permission. Much like medical professionals and HIPAA laws, you are protected by your attorney-client privilege. There are a few instances where this is exempt:

Of course, the attorney was given your permission and you waived your right to privilege.

Based on your attorney’s judgment, the information that you share leads them to believe that another crime may be committed.

The truth is not always pretty, or easy to accept so there are naturally disadvantages to telling your attorney your full story. Unfortunately, once the attorney is made aware, he or she will not be able to allow you to testify knowing there is a possibility you may not be honest on the stand. These factors will normally cause an attorney to withdraw from your case and force you to find someone else to represent you. Often times an attorney may see that there is a conflict of interest or the details of your case are just unethical. This is the risks you take when you tell your attorney the truth but the benefits of being honest are far greater than the disadvantages.

It is in your best interest to tell your attorney all the facts and details of your case, and if they recuse themselves, there are other experienced and trusted criminal defense attorney’s, like a Decatur criminal lawyer, that will have your best interest in mind and fight for you.

 


 

 

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into criminal defense practice.

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