can my defense attorney tell me what

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.

Full Answer

What should you look for when dealing with an attorney?

So when dealing with attorneys, don’t just look for honesty—be honest. “If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.”

What should a defendant's attorney know about the case?

At some point, defendants and their attorneys inevitably discuss the facts underlying criminal charges. An attorney needs to know about the case in at least some detail.

Should I be honest with my criminal defense lawyer?

The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer. An attorney who has your best interests in mind will advise you regarding the possibilities and your best course of action.

What are the rights of a criminal defense attorney?

A good defense attorney will regularly remind and urge their client to exercise their Fifth Amendment right to remain silent, insisting they not talk to anyone, except the defense lawyer and investigator, about the allegations.

Do defense attorneys know the truth?

Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges. Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.

Does your lawyer have to tell you everything?

Attorney-Client Privilege – Your attorney is bound by the ethics of the legal profession not to reveal whatever you tell him without your permission. The only times this doesn't apply is if you: Waive your right to privilege, which means you give the lawyer permission to disclose information.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is the official responsibility of the defense attorney?

Whether dealing with criminal or civil cases, a Defense Attorney is an advocate for the accused, responsible for protecting their client's interests. When individuals or corporations are brought before a court as the defendant, they are at risk of having a judgment made against them.

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Does my lawyer have to do what I say?

An attorney must always do what they say they will in a prompt and timely manner as unreasonable delay may adversely affect the outcome of your case.

Can lawyers lie to their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

What is the Defense Attorney's Largest responsibility?

First and foremost, the most important job of your criminal defense attorney is to fight for you and defend you in the court of law. According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.

How can a Defense Attorney defend a guilty client?

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt. If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Attorney-Client Privilege

It’s important to understand that what you tell your lawyer is strictly confidential. This right is your attorney-client privilege. Your lawyer could get into legal trouble for violating that attorney-client privilege.

1. Context About Your Life When You Were Charged

Your lawyer needs to know what was going on in your life when you were charged with the crime. Why? Because these details will provide important context that can help with your defense.

2. Witnesses Who Saw What Happened

Was there anyone around when the incident in question happened? This information is important for two key reasons:

3. Evidence You May Have

Evidence plays a key role in any criminal case. The prosecutor needs evidence to prove that you committed the crime you’re accused of. And your defense lawyer needs proof to show that you didn’t do it.

4. Who Knows About What Happened?

Even if you wish you hadn’t done it, you need to tell your lawyer if you have spoken to anyone about what happened. If you told them you did it, we need to know. If you told them any details about the case, we need to know that, too.

5. Your Financial Situation

This one can be tough. Most people don’t want to talk about money. But this is an essential aspect of your relationship with your lawyer. That’s because, at some point, you will need to pay legal fees.

Talk to Brett Metcalf, Criminal Defense Attorney, P.A

It’s OK to be nervous about talking to your lawyer at first. But it’s essential to get to the point that you’re comfortable telling them everything about your situation. That’s the only way to move forward with your defense fully.

Why don't defense lawyers want to know what the client did?

Some defense lawyers don't want to know what the client did and didn't do, so as to avoid being boxed into a particular version of events. Those who don't want to know precisely what happened probably have in mind ethical constraints. They cannot ethically (or legally) offer evidence that they know to be false.

What is the duty of a defense attorney?

A Lawyer's Duty. A defendant admission of guilt to a defense attorney doesn't necessarily mean that the case won't—or shouldn't—go to trial. For example, a defense attorney might advise a "guilty" client to go to trial because: the police or prosecution violated the client's rights—for instance, through an improperly suggestive lineup.

What do lawyers want to hear?

On the other hand, many lawyers want to hear from their clients exactly what happened. They typically encourage their clients to be truthful for the sake of crafting an effective defense. Only that way can the defense attorney know what will—and won't—work. For example, a lawyer representing a woman charged with killing her boyfriend might want to know everything that happened both during the incident and throughout the course of the relationship. If the client admits to her lawyer that she killed the man, but describes tremendous physical and emotional trauma she previously suffered at his hands, the lawyer may be able to present a convincing defense based on the history of abuse.

What does an attorney need to know about a case?

An attorney needs to know about the case in at least some detail. Otherwise, the lawyer can't effectively advise the client about the viability of going to trial and any theories of defense (for example, self-defense or someone else being responsible). With the client's information and the prosecution's discovery, ...

What is an example of a criminal prosecution violating the client's rights?

the defendant is guilty only of lesser crimes that the prosecution has charged—for example, assault, but not assault with intent to commit great bodily injury.

What is the best strategy for someone facing criminal charges?

The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer. An attorney who has your best interests in mind will advise you regarding the possibilities and your best course of action. Talk to a Lawyer.

Can a lawyer testify to a version of events they know to be false?

They cannot ethically (or legally) offer evidence that they know to be false. (ABA Model Rules of Professional Conduct, Rule 3.3.) This means, for example, that they can't allow their clients to commit perjury —that is, to testify to a version of events they know to be false.

Understanding the Job of a Criminal Defense Lawyer

Before delving into the specific nature of the attorney-client relationship, it helps to clarify what a criminal defense attorney’s job is, and what it is not. In any criminal prosecution, the State has the burden of proving a defendant guilty beyond a reasonable doubt. Every defendant is presumed innocent until the State meets that burden.

The Nebraska Rules of Professional Conduct

All licensed attorneys are bound by the Nebraska Rules of Professional Conduct. Rule 1.6 of the Rules governs the issue of confidentiality, stating as follows:

Contact a Criminal Defense Lawyer at Petersen Law Office

If you have been charged with a criminal offense in the State of Nebraska, it is in your best interest to consult with an experienced Nebraska criminal defense lawyer right away to discuss possible defenses. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.

What is the purpose of criminal defense lawyers?

Criminal defense lawyers are committed to the process. We believe that every person, regardless of guilt, is Constitutionally entitled to a zealous legal defense. Our Founding Fathers believed that the role of a criminal defense attorney was such an important job, and so fundamentally important to a free society, that they wrote it into the Constitution. The Sixth Amendment says that the accused are entitled to "the assistance of counsel for his defense." That's us.

What to do if you are charged with a crime in Wyoming?

If you’ve been charged with a crime in Wyoming, you need an experienced team of criminal defense professionals who will work hard to give you your one and only shot at justice.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Understanding The Job of A Criminal Defense Lawyer

Don’T Ask – Don’T Tell

• Most criminal defense attorneys will not come right out and ask a client if they committed the crime in question. One reason for this is that if an attorney knows a client is guilty, the attorney cannot allow the client to take the stand and testify that he/she is innocent because it amounts to suborning perjury. If, however, your defense attorney ...

See more on criminaldefensene.com

The Nebraska Rules of Professional Conduct

Contact A Criminal Defense Lawyer at Petersen Law Office