Those who found themselves faced with the unfortunate prospect of dealing with the New Jersey criminal system probably have a lot of questions about what will happen and how their criminal defense lawyer can help them. We have compiled a few essential facts about what to expect when working with a criminal defense attorney in Jersey City and what you need to know to maximize your chances of a positive outcome for your case.
Fact #1: Clients Should Be Honest With Their Attorney
An attorney’s job is not to judge a client for his or her actions but to learn all the facts to build a defense strategy that will hold up in court. Your lawyer will need to understand what happened and what the client did rather than establishing that the client is “guilty” or not.
By lying or withholding facts about what happened, the client will only be doing a disservice to themselves. For your attorney not to be blindsided by evidence or testimonies presented in court, it is crucial to answer every question truthfully. Your lawyer will ask specific questions he or she believes is relevant to your case.
Fact #2: You Will Never Talk Your Way Out Of a Conviction
Many clients end up aggravating their situation by talking to the police without an attorney present. Law enforcement officers will typically only remind someone of their Miranda rights when taking them into custody. During an investigation, police might want to interview someone, and the information obtained can end up being used against the defendant in court. If you are being interviewed by the police and no charges have been pressed, you still have the right to remain silent and request that an attorney be present before you say another word.
Likewise, clients who have been arrested and are currently in jail waiting for a court date need to be careful about making phone calls or writing letters, as those are not private and may end up in the hands of the District Attorney. It is not unusual for clients to share information this way that will later prove to be detrimental for their case.
Fact #3: Lawyers Are Not Obliged To Share a Client’s Admission Of Guilt
A law that defines attorney-client privilege in New Jersey states that
“communications between lawyer and his client in the course of that relationship and in professional confidence, are privileged” and allows for a client to prevent his or her attorney from disclosing it. The same applies to any communications between the attorney and a witness.
An attorney’s primary role is to fight the evidence presented by the prosecution and keep their client from lying while under oath. If a client chooses to volunteer information and confess their guilt to their attorney, the attorney is not obliged to share that with law enforcement.
Get Legal Help For Your Case
The Law Offices of Keith Hirschorn has a team of skilled criminal defense attorneys that can help you face criminal charges in New Jersey. Do not fight the system alone. Contact us at 201-798-4024 to learn about your options.