Attorney-Client Privilege in Criminal Defense Cases

 Posted on March 24, 2023 in Criminal Defense

We hear the term “attorney-client privilege” in movies and television shows. But what does it mean? Well, the attorney-client privilege is a fundamental principle of law that protects confidential communications between attorneys and their clients. This privilege encourages open and honest communication between attorneys and their clients, allowing clients to share sensitive information without fear of it being used against them. Today, we will be discussing why attorney-client privilege matters, particularly in the context of criminal law.

Remember, if you have been charged with a crime, it is in your best interest to hire a criminal defense attorney to fight the charges brought against you. Your attorney will protect your rights and ensure you understand your legal options.

Attorney-Client Privilege in Criminal Cases

In criminal cases, the attorney-client privilege is especially crucial. It allows individuals accused of a crime to speak freely and openly with their attorney without fear of their statements being used against them in court. This gives defendants a sense of security and confidence in their representation, a crucial element of a fair trial.

When Does Attorney-Client Privilege Not Apply?

Attorney-client privilege is not absolute, however. Here are a few situations where attorney-client privilege does not apply:

• Crime or fraud – Attorney-client privilege does not apply when a client seeks legal advice to further a crime or fraud. If an attorney is aware of a client’s intention to use their advice to commit a crime, they are obligated to report it to the authorities.
• Future crimes – Attorney-client privilege does not apply when a client seeks legal advice regarding future crimes. If an attorney believes their client may commit a crime in the future, they must report it to the authorities.
• Public safety – Attorney-client privilege may not apply when there is a risk to public safety. If a client discloses information that could potentially harm others, an attorney may be required to report it to the authorities.

Despite its limitations, attorney-client privilege remains an essential component of the legal system. With it, clients may be able to share critical information with their attorneys, leading to complete and adequate representation. Criminal defendants, in particular, would be at a significant disadvantage without the protection of attorney-client privilege.

Contact a Milwaukee County Criminal Defense Attorney

Your freedom is in jeopardy if you have been charged with a crime. To safeguard your rights and liberty, do not hesitate to contact an experienced Waukesha County criminal defense lawyer with Bucher Law Group, LLC. Time is of the essence. Be sure to hire legal counsel. Call 262-303-4916 for a free consultation.

Source - https://news.bloomberglaw.com/us-law-week/the-crime-fraud-exception-is-a-self-regulating-tool-for-attorneys