Whether or not the attorney who defends you in a criminal case needs to know the whole truth really depends on your unique circumstances. Here’s what you should understand about talking to your attorney.
Your Lawyer May Want Only Minimal Details
You are allowed to tell your criminal defense lawyer anything you want without being at risk of penalty because you have the protection of attorney-client privilege. Despite this, your attorney may want to avoid the risk of potentially being culpable in your case if they know certain details. This is a good question to ask during your consultation.
Or, Your Lawyer May Ask You to Be Direct
It’s not uncommon for criminal defense attorneys to want to have as much information and evidence as possible before they go to trial so they aren’t blindsided or put on the spot by new evidence brought forward by prosecutors.
If your lawyer requests that you leave nothing off the table, go ahead and give them a full recount of your version of events. You can even admit guilt without consequences if your lawyer has let you know that you have the freedom to be candid; just be sure you’ve been given the green light first.
What You Should Know About Your Defense Lawyer’s Responsibilities and Constraints
Although you’re protected by attorney-client privilege, your lawyer has certain responsibilities and constraints. If you admit to them you’re guilty, they cannot allow you to take the stand and offer a different version of events. This is lying under oath, also called perjury. Similarly, your lawyer can’t offer up false evidence. That said, these standards cannot apply to attorneys who genuinely do not know if their client is or isn’t guilty.
If your attorney knows you’re guilty, they may still think it’s a good option to defend your case in court. This usually occurs in cases where the defendant’s argument is largely based on law enforcement misconduct and rights violations versus whether or not you committed the crime you’re accused of.
How to Get Aggressive Legal Defense In Your Criminal Case
Scott Cerbin is an experienced New York criminal defense attorney that has the expertise and skill to provide you with a zealous legal defense.
Contact our office today to book your consultation at 718-596-1829 to learn more about how to protect your rights, reputation, and future after being arrested and charged with a criminal offense.