Wednesday, November 11, 2015

What Is Attorney-Client Privilege?

If you have been charged with a crime, the first thing that you are told is that you have the right to remain silent. However, when you are with your attorney, you have the right to say whatever you want while your attorney must remain silent. This is known as attorney-client privilege, and your attorney may not tell anyone anything that you have said to him or her.

 This is true even if you have admitted to committing the crime that you have been charged with. If your attorney does divulge anything that you have told him or her, that person could be reprimanded or even disbarred. In most cases, privilege begins as soon as you hire your legal counsel or have made your first payment to retain his or her services. Your current legal adviser is not able to waive the right to this privilege as it belongs to the client exclusively.

This means that your lawyer cannot provide information without your express consent to do so. No other third-party may infringe on this right for any reason. For instance, a reporter who may have heard you make an incriminating statement would not be able to publish that statement.

If you are charged with a crime and asked to talk about, your best bet is to ask for your attorney. As soon as that happens, the onus is on law enforcement to prove their case with or without your help.

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