Finding yourself behind bars for driving under the influence or driving while intoxicated is not a position most people ever expect to find themselves in. When you get arrested, you will very likely need an attorney like Robert A Murray to help you to get through this situation and get your life back to normal. As you begin speaking with your attorney, you may be wondering what you can and should tell them. Read on to learn more about the attorney client privilege and how it protects your communications with your DUI attorney.
What is meant by attorney client privilege?
The justice system places a high priority on ensuring that those accused of a crime be able to raise an adequate defense against those charges. In this case, the need to be completely honest and forthright with your attorney is considered to be a cornerstone of forming that defense. In other words, how can your attorney do a good job of representing you in court if you are not able to tell them everything?
Additionally, what you tell your attorney is privileged, meaning that it falls into a protected class of communications. Your attorney can never be forced to reveal what you have said, no matter what. This gives the client the confidence they need to be open with their attorneys, so that a good defense can be mounted against the DUI charges.
What are the far-reaching effects of this privilege?
The ability to have unhindered communications with your attorney goes beyond the obvious. For example, your communications with your attorney are protected from your very first contact, regardless of whether you have paid that attorney or not and regardless of whether or not you hire them.
The privilege is in effect your entire life, only your death will cause the privilege to be revoked. Not only spoken words are covered, but all communications. This means in person, by phone, by computer, by Skype, by writing, sign language, recording and more. Thus, your communications about all past acts are covered, regardless of the crime.
What are the exceptions to this privilege?
If you've been arrested for DUI, take care to be aware of these important exceptions to this privilege.
Intent: If you strike up a casual conversation with your seatmate while flying and they just happen to be an attorney, anything you discuss may not be considered covered by this privilege. You must have the express intent to seek advice to have coverage.
Third party: If your conversation can be overhead, it may not meet the standards for privileged. For example, if you meet with your attorney and bring along a friend, that friend may be compelled to testify about your attorney client communications during that meeting. If you are overheard, the information may no longer be considered privileged.
Future acts: This privilege does cover past acts, but if you threaten to perform a future criminal act, that attorney may be required to report it. Check before your speak.
Share