If you’re working with a criminal defense lawyer, you’ve probably heard by now that everything you tell them is completely confidential (with very few exceptions, ie you are an imminent threat to yourself or someone else). What is the reasoning behind this law? It is to encourage open and honest communication between the lawyer and his client. Without the confidential privilege, clients would be forced to withhold information, thus harmonizing their own cases. But even with the confidentiality laws in place, many defendants do this anyway. These are some of the things you should stop withholding.
Your Legal Problems
If you have ever been in trouble with the law in the past, you should tell your criminal attorney as soon as possible. He can be sure that if he has skeletons in his closet, prosecutors will do everything they can to get him to court. Even if it’s barely relevant, it could sway a jury. His lawyer will do what she can to keep this information from his ears, but it doesn’t do him any good to let them ambush him. Think of your attorney as an extension of yourself. This other me went to law school and has the talent and knowledge to represent you in court, and there’s no reason to keep secrets.
Your participation
If it is your involvement in a crime that is at issue in court, your criminal defense lawyer may need to know what you are dealing with. Every attorney will be different in this regard. Ask before you drop. Some defense attorneys insist on never asking their clients if they are guilty or innocent, instead proceeding strictly based on the evidence before them. Others want to know every last real detail to avoid being ambushed by something that comes up in the future. If your lawyer wants to know exactly what he did and didn’t know or did, go ahead and tell him. If you use this information to formulate a strategy that you don’t agree with, you can always hire someone else.
potential witnesses
If you are going to build a defense (and you may not want or need to), you will need witnesses to come and speak for you at trial. One of those witnesses may be yourself, although many criminal lawyers only put their client on the stand as a last resort. Think of anyone else who can back up your story and recommend it to your lawyer.
