When you work with an attorney, some of what you say can be protected. This means that what you say can be confidential between you and your attorney and not be used against you. Specifically, when you are speaking with your attorney for the purposes of legal guidance and advice, and they are responding to you in their legal capacity, and the communications are done confidentially and not shared with third parties, then your communications should be protected under the attorney-client privilege. Additionally, what you say will be protected if you don’t waive your privilege.
On the other hand, if you are communicating with your attorney for purposes unrelated to legal guidance or discussing subjects of a non-legal nature, and if others can hear what you are saying, then your conversation will no longer be protected by the attorney-client privilege. Additionally, if you’re speaking to your attorney and accidentally waive your privilege, it will not be protected, just as it will not be protected if you discuss future crimes.
So, what does all this mean? The critical takeaway is that only in particular, very specific situations are your words protected by the attorney-client privilege. If certain circumstances do not exist, then what you say can be used against you. Therefore, it is essential that you understand what communications are protected and what are not, and if you are unsure, you should consult with your attorney before getting into a deep conversation.
If you have questions about your rights or if you need assistance with a criminal matter in Illinois, you can call the Chicago criminal defense attorney at Glasgow & Olsson. Our seasoned team knows how to build cases, fight criminal charges, and win for our clients. This includes providing expert legal guidance that can help you strengthen your case, not weaken it.
The Problem With Jailhouse Calls To Your Attorney
Far too often, people who find themselves in trouble with the law believe falsehoods that ultimately can jeopardize their case. First and foremost, the idea that it is perfectly OK to speak with your attorney any time, and it will be a protected communication. This is just not so.
It is incredibly important that when you decide to speak on a jailhouse line to anyone, including your attorney, you understand that you are being recorded. This means that your communications violate one of the essential factors required for the attorney-client privilege, which is confidentiality. If your conversations are being monitored and recorded, they are no longer confidential, and so anything you say in this format is not protected communication. As such, your words on a jailhouse phone call can be used against you. It is not uncommon for these recordings to be saved and then, right before trial, dumped before you and your attorney, with the potential to greatly undermine your case.
Speak to a Trusted and Seasoned Criminal Defense Attorney Today
The bottom line is, unless you proactively ask for a private conversation with your attorney, what you say to them on a jailhouse line is not protected speech.
To work with a trusted and respected Chicago criminal law firm that knows how to fight to win criminal cases, and who will stand by you from the very beginning of your case and see it to the very end, then you will want to work with the best. When you need an attorney, experience matters.
Speak with a Chicago criminal defense attorney at Glasgow and Olsson today to learn how we can get you the results you deserve.