What Information Should You Share With Your Defense Attorney?

When someone is charged with a criminal offense no matter how small you should always consider speaking with a lawyer, even for a consultation. Having a criminal charge hanging over your head can be very stressful and have serious consequences as you move forward, these consequences can be severe and include hefty fines and prison time. These charges can leave you with a criminal record that can follow for the remainder of your life. This may sound extreme but it is a fact that anyone charged with a crime should take it seriously.

When you are charged with an offense and hire a lawyer, what should you tell them? It might seem obvious that you should tell them everything right? For your best defense there are some things that your lawyer will obviously need to know, but things might not be relevant to your case and have no bearing on the outcome and therefore are of no use to you or the lawyer.

To effectively mount the best defense for your particular case your lawyer needs to have a full understanding of your case. This includes details of the alleged crime and the charges against you as well as your criminal history if you have any and any other relevant evidence or witnesses involved. Your personal history will also need to be divulged to your lawyer for them to get an understanding of who you are. You should always be able to have open and honest communication with your lawyer throughout the criminal case timeline to ensure you get the best defense.

What Should You Share With Your Defense Lawyer?

When you first consult with a lawyer for a criminal case you should share the following information freely. Remember when you hire a lawyer you invoke attorney-client privilege, meaning whatever you tell your lawyer is privileged information.

What Events Surrounded the Incident?

Whether you were there or not you must explain all the events that lead up to your arrest or charge including your role if any and any other factors that may have played a role.

Why Is Complete Honesty Important?

No matter how embarrassing, always be completely truthful. Failing to disclose the truth can have a negative effect on your defense and can lead to harming you further.

Did You Make Any Confessions?

If you have made any confessions your attorney should know. If you confessed to a lawyer, that is different from a confession to law enforcement. You can admit guilt to your lawyer and that doesn’t mean admitting guilt in court, part of your lawyers job is to make sure your rights are protected.

What Is Your Side of the Story?

Sharing your version of events that make the accusations incorrect or what happened. You also need to share any context of your background that might be relevant to the case.

How Does Attorney-Client Privilege Protect You?

When speaking with your attorney and giving them all the information they need to mount a strong defense of your case it is important to remember that you have attorney-client privilege. This means that your attorney cannot be forced to reveal these communications between you and your lawyer, and they also have a duty to maintain a client’s confidence.

The attorney-client privilege is a legal concept that is both common law and statutory law under NRS 49.095. This practice encourages open communication between an attorney and their client. The client is the one who holds the privilege, therefore the client can waive that privilege if they choose to disclose confidential information.

There are a few exceptions to attorney-client privilege including if the client seeks to commit another crime or if someone is in imminent danger. The privilege is very strong though and has severe consequences for your lawyer if that confidence is broken.

What Happens If You Fail to Disclose Vital Information to Your Attorney?

Maintaining a truthful and honest relationship with your attorney is important for many reasons, this is the person who is responsible for helping get the charges against you dismissed or reduced so open communication is important.

If you fail to disclose vital information to your attorney it could lead to negative consequences including:

Will Your Case Be Weakened?

Without the important information regarding your case your attorney might not be able to mount the best defense and this can lead to a less favorable outcome. Also without this information your attorney can’t properly assess the case or investigate what happened.

Can Withholding Information Lead to a Negative Outcome?

Failing to disclose vital information can lead to a negative outcome because the defense can be weakened by failing to disclose.

Can Your Attorney Withdraw From Your Case?

Your attorney can legally withdraw from your case if you intentionally omit important information. Nevada Rules of Professional Conduct require that lawyers act in the best interest of their clients, and lack of cooperation can be seen as a breach of the professional relationship.

It is crucial to have an open and honest relationship with your lawyer and disclose all vital information since these are required for the best defense of your case and a favorable outcome. If you are unsure about what information is relevant, it’s always a good idea to ask your lawyer for clarification rather than assume.

What Is Your Lawyer’s Responsibility to You?

While we stress the importance of an honest and open relationship with your attorney, your lawyer also has a responsibility to you as the client. Under attorney client privilege your lawyer must not reveal these communications unless the client gives informed consent.

Your lawyer must act in the best interest of their client this includes avoiding any conflict of interest, keeping communications confidential, and must represent their client promptly and diligently. While your lawyer is hired to provide you with legal advice and strategies for your defense, the ultimate decisions regarding the case is up to you the client. Lawyers have a duty to inform the client of all information to make an informed decision and the risks and benefits of those decisions.

Get Experienced Defense Representation in Nevada

If you have been charged with a crime and need a defense team to represent you, consider contacting Nevada’s premier defense team. The Defenders have been representing clients for all types of charges for decades.

Our team of expert lawyers represent clients with charges ranging from DUI to murder and everything in between. Our team has represented clients against charges of domestic violence, financial crimes, and robbery.

With all the information we can mount a strategic defense, investigate your case to make sure you get the best outcome possible. Since we have a track record in the community we can negotiate with prosecutors to get charges reduced or dismissed for a more favorable outcome.

Criminal charges are serious and can have life altering consequences, you need an advocate to help you navigate the difficult and often confusing court process to get you through the process with the best outcome possible. Remember by setting up a consultation appointment we are bound by attorney-client privilege even at a consultation, so whatever you tell us is confidential.