Reasons You Should Never Lie To Your Lawyer
Reasons You Should Never Lie To Your Lawyer
Some may think that it is evident that you should never lie to your attorney about your criminal case. But some defendants still do not tell their attorneys the entire truth. This is never a good idea. Learn below why lying to your lawyer is a bad idea, and if you have been charged with a crime, speak to our Galveston Country criminal defense lawyer today for legal assistance.
Why Do People Lie To Their Lawyers?
There are many reasons that people lie to their criminal defense lawyers. Generally, the defendant may believe they have more to gain by lying about their case than telling the truth (this is rarely true). Or, they may believe that lying about the case could benefit others in one way or another. Some of the other reasons that defendants have lied to their attorneys about their crimes are:
Punishment
You may fear the potential punishment of being convicted of a crime so much that you are willing to lie to avoid consequences. However, lying to your attorney or in court almost always makes things worse. For example, if you lie on the stand, that is a Third Degree Felony and you can get between two to ten years in prison, on top of whatever punishment you get for the original crime.
Fear Of Judgement
Many defendants also have a fear of being judged. Many people can find it difficult to admit they did something wrong, especially if it hurts others. We may think that other people will judge us for what we did and that we will lose their love, respect, or friendship.
Denial
A defendant may think it will go away if they do not think about a significant threat to their future and pretend it does not exist. This could mean they will not admit that the threat exists, including to their attorney and themselves.
Shame
Many defendants are ashamed and embarrassed about the charge and want to avoid people knowing about it. So, they may lie about the case to make others think they are innocent.
Many attorneys report that it is common for a client to lie to them about a DWI case. A drunk driving charge is embarrassing for most people, and it may be tempting to lie to save face and avoid humiliation. They may want to keep the full details of the case private because they do not like how the facts make them look.
Also, they may mistakenly believe that if they admit to their attorney they were drunk, the attorney cannot do anything. This is not true. Overall, experienced DWI attorneys have seen it all and then some, so there is never any good reason not to be honest about your drunk driving case.
Reasons You Should Not Lie To Your Lawyer
You Lose Time
Your attorney only has so much time to devote to your case. Whatever your financial resources, the more time your lawyer spends building your defense, the better the result. If you do not tell the truth to your lawyer, valuable time will be wasted on mounting a defense based on incomplete or inaccurate information.
Furthermore, the case will last longer when all of the facts are not accurately presented from the start. If you go into the case with an idea you will only tell the lawyer what they need to know, it will take your lawyer longer to find out everything. To have the case finished in the least amount of time with the best outcome, always tell them everything from the start, no matter how bad you think it makes you look.
Your Attorney Will Catch You
Attorneys are trained to investigate crimes and find the truth, then use their skills to highlight the truth in the best or worst light, depending if they are working for the state or the defense. If you hide something, your lawyer will usually find out. Remember, your criminal defense attorney in Galveston will not only get information about the case from you. He will get information from investigators, subpoenas, discovery, depositions, and more. So, he will almost always find out if you hid the truth.
Your Attorney May Be Able To Turn It Around
Suppose you do not want to tell your attorney about a case fact because you think it is ‘bad.’ However, attorneys are skilled at turning ‘bad’ things around and making them benefit their clients. If you are not trained and experienced as a criminal defense attorney, you probably do not realize when a fact can be turned around to your advantage.
The Prosecution May Find Out
Another problem with lying to your lawyer is that the prosecution may find out you are lying, making defending you much more difficult. Any type of lie or deception is a stain on your credibility and reduces the chances of a favorable outcome.
Makes Negotiations More Difficult
Many criminal cases in Texas result in plea deals. Lying to your attorney often is found out by the other side and may make it harder to get you a reasonable deal instead of facing a trial.
You Could Go To Jail
Lying on the stand is aggravated perjury; as noted above, you can go to prison. The last thing you need when facing a criminal charge in Texas is another criminal charge. Also, you do not even have to lie under oath to commit a crime. It also is a Class B misdemeanor to make a material false report to a law enforcement officer during an investigation. Lying to your lawyer or anyone in the case will worsen your situation.
The Justice System Assumes Defendants Will Lie
The criminal justice system somewhat assumes that some defendants will lie. That is why the system has many ways to reveal lies. Law enforcement will interview witnesses, study surveillance videos, conduct sobriety tests, reconstruct accidents, etc. The evidence that law enforcement collects gives prosecutors a better picture of what happened without any information from the defendant. In this context, lies are ineffective.
What Happens If I Tell My Lawyer I Am Going To Lie On The Stand?
Criminal defense attorneys must represent their clients and maintain confidentiality. However, attorneys are also responsible for the court not to put forth evidence they know is false or perjured. This is the case whether the evidence comes from the defendant or a witness that the attorney knows will not tell the truth.
If an attorney uses perjured testimony knowingly, there may be severe consequences. According to the Canons of Professional Ethics of the American Bar Association, the attorney could be disciplined or disbarred.
If I Lie To My Attorney, He Will Fight Harder For Me
Unfortunately, some defendants believe the lawyer will not fight as hard for them if they tell their attorney they are guilty. They also may believe that if they tell their attorney the truth, he may not respect or like them and will not advocate as passionately. The opposite is true. If you lie to your attorney, he will feel alienated from you and not trust you anymore. Your lawyer can only build a strong defense if he knows everything about the case – good and bad.
The Benefits Of Being Truthful With Your Lawyer
Now that we have covered the problems with lying to your lawyer, what are the benefits of being truthful? First, telling your attorney from the beginning the entire truth gives him the ability to make the best defense. For instance, if you have a DWI charge, there are usually several defense options. Some are better than others, such as challenging the police stop on constitutional grounds, challenging witness testimony, or questioning the administration of breath or blood tests. Telling your DWI attorney the entire truth helps him decide early on the best defense strategy.
Second, being honest with your lawyer can protect you from incriminating yourself. In a criminal case, you have a 5th Amendment right against self-incrimination. This means you are not required to testify, and the judge and jury are not allowed to use that against you. In some criminal cases, it may be better for you not to testify and for your lawyer to challenge the state’s evidence. Your attorney can decide better about you testifying if you tell him the truth.
Contact Our Galveston County Criminal Defense Lawyer Today
If you are charged with a crime in Texas, you should never lie to your criminal defense attorney. Your attorney is your advocate and not a judge. They exist to defend you and do not judge you. Remember, an experienced criminal defense attorney has seen it all, so it is always best to tell them the truth. Contact our Galveston County criminal defense lawyer at Mark Diaz & Associates today for help at (409) 515-6170.