Should I Admit Guilt to My Criminal Defense Attorney?

If you are facing criminal charges, talking to your attorney about a criminal law case is one of the most important things you can do to preserve your freedom. Still, many people are unsure what they should and should not tell their attorney. While it may seem counterintuitive to admit guilt or present yourself in a less-than-flattering way to your attorney, holding back can actually harm your defense.

Learn more about why you should always be honest with your lawyer.

How Does Attorney-Client Privilege Work?

First, it’s important to understand that admitting guilt to your attorney does not automatically result in a conviction.

The U.S. Supreme Court first acknowledged attorney-client privilege in 1807 with the case of United States v. Burr. The legal concept affords strong protections for defendants by protecting the confidentiality of communications between an attorney and their client. Attorney-client privilege encourages clients to share all relevant information with their attorneys since there is no danger of law enforcement or prosecutors having a legal means of accessing evidence that could be used against a defendant.

To understand how attorney-client privilege works, it’s important to first understand the scope of privilege when it comes to this type of confidentiality. The protected privacy of communications between lawyers and clients includes both written and oral communications – today, it also includes digital communications. Anything communicated for the purpose of seeking legal advice or representation is covered by attorney-client privilege.

It is important to note that communication must be intended to be confidential for the privilege to apply. If the information is shared with third parties outside the attorney-client relationship, the privilege may be waived. In addition, privilege is not absolute, although exceptions to this legal principle are exceedingly rare. Any communication by the defendant that describes plans to commit a crime or to harm someone could put the attorney in an ethical dilemma where they may have to report those admissions of plans to commit a future crime or to harm someone.

Courts generally uphold attorney-client privilege to promote full and frank discussions between clients and their attorneys. Remember: only attorneys representing you bear this responsibility. Anything you discuss with someone who is not legally representing you could be shared with law enforcement or the prosecution assigned to your case.

Benefits of Being Honest with Your Criminal Defense Attorney

Personalized Defense Strategy

When you are open about all aspects of your case, you enable your attorney to develop a more tailored legal strategy. This comprehensive understanding allows them to identify potential defenses and weaknesses in the prosecution’s case.

Better Emotional Support

Being honest with your attorney can allow you to create a safe space for emotional support. Your lawyer can provide guidance both legal and emotional guidance by helping you navigate the stress and anxiety associated with criminal proceedings. This supportive relationship can help you feel more empowered and at ease throughout the process.

Trust and a Positive Case Resolution

Being forthcoming with your lawyer builds trust, and trust is vital to a successful criminal defense effort. If prosecutors move forward with a case against you, your lawyer may be able to convince the courts to reduce your criminal charges or agree to a favorable plea bargain.

Time and Money Savings

Telling your lawyer about your involvement or non-involvement in a crime could save you time and money because your lawyer will not have to reevaluate their legal strategy later on. With all the information they need upfront, your lawyer can assemble a defense strategy that works toward a favorable outcome for your case.

How the Element of Criminal Intent Could Affect Your Case

The act of “committing” a crime is not always straightforward for all types of crimes. Arizona’s laws consider whether the defendant acted with criminal intent for many criminal acts. This means that some acts may be lawful while the same acts could be considered a crime in another context.

For example, physically assaulting someone for self-defense purposes is generally not considered a criminal act as long as the response is proportional to the threat and the person poses a real, credible, and unprovoked danger. Although the person who acts in self-defense may ultimately be found not to have committed a crime, they may initially face criminal charges while the case is being investigated.

In addition, many white-collar crimes depend heavily on the dependent’s intent. If someone loses money from investors, those losses could be legitimate business dealings or fraud. The difference often depends on the intent of the person who lost the funds and whether they intended to commit fraud or legitimate business transactions.

Consider these two examples and how admissions of guilt may be interlinked with intent. There may be cases where a defendant believes they committed a crime due to the act in question, but a defense attorney may still be able to argue that the acts were not committed with criminal intent. As with any criminal case, a criminal defense lawyer can only effectively represent their client if they have access to all the information about the case.

How Can My Attorney Defend Me if I Committed a Crime?

Your lawyer can still defend you if you believe you committed a crime. In fact, disclosing that information could help your defense because your lawyer will have all of the facts related to your case. What’s more, the prosecution will not be privy to any information disclosed between you and your attorney.

Once your criminal defense attorney understands all the relevant facts surrounding your case, including your involvement or non-involvement in the alleged crime, they can begin exploring these and other defense strategies:

Arguing Your Innocence

If prosecutors lack sufficient evidence to prove you committed a crime beyond a reasonable doubt, your attorney can demand that your charges be dropped. The criminal justice system is obligated to acknowledge when a defendant is not guilty based on the available evidence. If prosecutors fail to drop charges, your lawyer can pursue the possibility of going to trial, where a jury or judge could ultimately decide the outcome of the case.

Questioning Testimony

Any success your lawyer has in undermining the credibility of evidence can help your case. If prosecutors are reliant on testimony from the victim or a witness to the crime, your lawyer can look for inconsistencies in their statements. If the witnesses have a desire to see that your reputation is harmed, that could also bring into question the testimony.

Examining the Legality of Your Arrest

Any evidence that was unlawfully obtained could be barred from use in your case. Defendants have important rights when it comes to protection from unreasonable searches and seizures.

For example, any officer who detains someone without establishing reasonable suspicion could be in violation of the suspect’s constitutional rights. If the police pressured the suspect into committing a crime, that could constitute entrapment.

Plea Bargaining

Plea bargaining is the process of negotiating the conditions for settling a case. Prosecutors have an interest in avoiding backlogs of criminal cases and finding agreements that do not overburden the jail or prison system while keeping the public safe. Your attorney may be able to negotiate favorable terms for your case in return for a guilty plea. In some cases, the charges may be reduced to a lower offense.

Trial

When prosecutors lack credible or substantial evidence against you, going to trial may lead to exoneration. During a trial, your lawyer can explain to the jury that the prosecution has a requirement to prove guilt beyond a reasonable doubt. If prosecutors cannot achieve this standard, your lawyer can remind the jury that they have a duty to acquit you.

Being open and transparent with your lawyer allows them to make decisions that are most beneficial to your case. Admitting that you played a role in a crime does not weaken your case and can, in fact, equip your lawyer with the information they need to formulate a strategy to achieve your goals.

Criminal Defense FAQs

Your criminal defense attorney can be trusted with any information you divulge as long as you are not planning to harm someone or yourself. If you are seeking legal representation in criminal court, you likely have these and other questions in mind.

Schedule Your Criminal Defense Consultation Today

So, should you admit your guilt to your lawyer? If you value a high-quality defense strategy, the answer is certainly yes. The top priority of a criminal defense attorney is to seek a favorable outcome for their client in court. An attorney is best able to do so when they have a full and honest understanding of the events that led to the criminal charge. Telling your attorney everything that is relevant to your case helps them help you in court.

At The Valley Law Group, we understand that trust goes both ways. We are always open and transparent with our clients, providing truthful and objective feedback and insights to our clients so they are well-informed about their case and their chances of a favorable outcome. In turn, we encourage our clients to be open with us.

Once your lawyer has a clear understanding of everything you know about your case, they can begin formulating an effective legal strategy that can weaken the prosecution’s case against you. To learn more about our confidentiality policy and how we can help you win your case, contact our office today and take the first steps to obtain effective representation.

Sources: 

1. Famous Trials. (n.d.). Judgment in U.S. v. Aaron Burr (1807). Retrieved from https://famous-trials.com/burr/169-judgement
2. United States Courts. (n.d.). Criminal cases. U.S. Courts. Retrieved from https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases
3. Legal Information Institute. (n.d.). Rule 501: Privilege generally. Cornell Law School. Retrieved from https://www.law.cornell.edu/rules/fre/rule_501
4. U.S. Department of Justice. (n.d.). The criminal justice process. U.S. Department of Justice. Retrieved from https://www.justice.gov/usao/justice-101/criminal-case
5. American Bar Association. (n.d.). Public defenders and court-appointed counsel. American Bar Association. Retrieved from  https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/publicdefender/
6. Bureau of Justice Statistics. (n.d.). Plea bargaining. Bureau of Justice Statistics. Retrieved from https://www.bjs.gov/
7. National Institute of Justice. (n.d.). Defense strategies. National Institute of Justice. Retrieved from https://nij.ojp.gov/topics/articles/defense-strategies

Jon McCarty

Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas.  Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.

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