When you hire a criminal defense lawyer in Philadelphia to represent you, you must be able to trust them to keep the things you tell them confidential. This is where attorney-client privilege comes in. Anything a client tells their lawyer in confidence must remain confidential.
It is imperative for those accused of a crime to be honest and open with their lawyers. This is the best way to ensure the lawyer can build a strong defense and help the client get a fair outcome based on the circumstances of their case.
Our firm takes confidentiality very seriously. We will not share your information with anyone outside of the firm without your consent. We will also connect you to our secure portal so that you can send secure messages and attachments to the firm. We welcome this kind of communication because it is confidential, keeps your electronic file organized and safe, and assists the frequent communication between lawyers and clients.
What Is Attorney-Client Privilege in Philadelphia Criminal Law?
The attorney-client privilege is a rule that protects most communication between clients and their lawyers. Lawyers are required to keep confidential any communications from a client related to their legal matter, with only a few exceptions. This includes most things told to the lawyer while seeking legal advice.
In practice, this means that an attorney cannot be forced to testify about their client’s statements shared in spoken or written communications. They also cannot choose to testify against a current or previous client, and they must maintain confidentiality about their client’s communication with others to protect their case and build the strongest defense possible.
Those accused of a crime have several rights that are supported by attorney-client privilege. This includes:
- The right to remain silent
- The right to have a lawyer on their side
- The right to a defense
- The right to confidential communication
For a free legal consultation, call 215.515.3360
What Are the Exceptions to Attorney-Client Privilege in Philadelphia Criminal Cases?
The attorney-client privilege applies in most circumstances. Only occasionally can a lawyer be compelled to share details of what their client told them. Under 204 Pa. Code § 1.6, there are a few exceptions to attorney-client privilege in Pennsylvania. Exceptions include:
When There Are Threats to Another’s Safety
Pennsylvania law requires lawyers to disclose details about their client’s statements if the disclosure will prevent serious injury or death. This could include actions they have taken that will hurt others in the future or threats they make against others. Any threats against their accuser, the judge, another attorney, a juror, others involved in the case, or an uninvolved third party must be disclosed.
When There Are Threats of Financial Losses
Pennsylvania law requires lawyers to disclose information when there is a risk of “substantial injury to the financial interests or property of another.” This means the attorney must report any threats of financial harm or property damage made by the client.
When There Is Knowledge of an Ongoing or Future Crime
When a client discusses an ongoing criminal act, committing a future crime, or hiding the commission of a crime, the statements made about these crimes are not protected in the attorney-client relationship. If you hire an attorney after being accused or after your arrest, the law firm cannot offer advice about hiding additional illegal actions or committing additional crimes.
Other Situations That May Change Attorney Communications
There might be additional situations when an attorney is compelled to report something their client shares with them. This could include when they need to comply with another law or court order.
For example, an attorney may need to disclose perjured testimony to the court if ordered. If this occurs, the attorney might withdraw from the case instead. The court will not ask for a reason, it will only approve or deny the request. This is one way an attorney might handle this situation while keeping what their client told them in confidence.
When Is Attorney-Client Privilege in Effect?
Attorney-client privilege does not apply until there is an established relationship between the law firm and the client. A relationship can be established easily, by requesting a free consultation from a lawyer that you are considering hiring.
Once there is an established attorney-client relationship, the privilege is in effect. It does not end when the case closes, either. The duty to keep confidential client information private continues even after the case is over and the client no longer has a paid relationship with the law firm.
At no time after you hire an attorney should they reveal details about what you told them in confidence to the courts or another party. The only exceptions to this are the ones included in Pennsylvania’s Confidentiality of Information laws.
Why Is Attorney-Client Privilege Essential in Philadelphia Criminal Cases?
The role of a criminal defense lawyer is to develop a strong strategy to help their client get a fair outcome in their case. This could include:
- Stopping charges from being filed
- Getting charges dropped
- Getting the client into a pretrial diversionary program
- Negotiating a reduced charge or sentence
- Taking the case to trial and getting an acquittal
The lawyer needs to know as much about what happened and their client’s actions as possible. Often, the client will only feel comfortable sharing this information if they know it is in confidence. Many clients won’t share admission of guilt or involvement in other crimes if they believe the attorney-client communications will be shared with other people.
Any information about the case is vital to the attorney’s ability to do their job well, so they must trust their client to tell them the truth. This includes potentially incriminating details. Under these laws, the attorney must keep these details strictly confidential. Without attorney-client privilege, the court could force the lawyer to testify against their client.
Hire Legal Assistance for Your Philadelphia Criminal Case
Call the Law Offices of M.J. Snyder, LLC, to discuss your rights and legal options with our team. We offer a confidential consultation to all potential clients, during which you can learn more about our legal services. Our criminal defense attorneys use the case facts to develop a strong defense and fight for a fair outcome in your case.
Contact us today to get started.
