When you’re under criminal investigation, the stress of the situation can really weigh on you. In attempt to lighten the burden on your shoulders, you might find yourself seeking someone to talk to about what you’re experiencing. While this might help you feel supported and ease your stress, talking to others about your case can be incredibly risky. In fact, it may be one of the biggest mistakes you can make in your criminal case, potentially even leading to your conviction.
This is because, unlike conversations you have with your attorney, discussions you’ve had with family members and friends aren’t protected by any kind of privilege. This means that the prosecution can subpoena these individuals to testify against you. In that situation, those individuals will either have to tell the truth about what you discussed with them or face their own criminal ramifications.
If you’ve already discussed the facts of your case with someone close to you, then there are some immediate steps that you should take. This includes the following:
- Telling your attorney: To build the best criminal defense possible, your attorney needs to know what you’ve said to other individuals. Being thorough and honest here is key. If you leave out a seemingly minor detail, it could actually be important to your case and take your attorney by surprise, which could be detrimental to your case.
- Refraining from talking about your case further: If you’ve already talked to someone about your case, then you should make sure you refrain from discussing the case with them further. This will reduce the risk of saying something else that could be harmful to your case.
- Thinking of ways to mitigate: While you can’t take back any statements that you’ve already made, there may be ways to reduce the impact those disclosures have on your case. This can include finding ways to explain the statements and even looking for ways to attack the reliability of the witness.
- Using the rules of evidence: Depending on the specific circumstances of your disclosures, there may be ways to use the rules of evidence to try to block the statements from being admitted at trial. For example, if you can show that the statements were coerced or that they’re unfairly prejudicial, then you may be able to have them excluded at trial.
Who should you talk to about your concerns?
Your safest bet when it comes to talking about your case is to reach out to your attorney. What you discuss with them is protected from re-disclosure by the attorney-client privilege. While there are also privileges for spouses and doctor-patient relationships, these are oftentimes more easily overcome. So, moving forward, be more cautious about what you say and to whom you say it.
You shouldn’t assume anything in your case. Doing so can be incredibly dangerous, giving prosecutors the upper hand. So, before making any decisions about how to approach your case, make sure you understand the law and how it applies to your unique set of circumstances. Your attorney may be able to help you with this analysis and guide you along your case. By being proactive here, you can ease your stress and hopefully better position yourself to achieve the fair and just outcome that you want.
