what if you confess murder to your lawyer

In most jurisdictions, the lawyer would have two options: Resign from counsel and never talk about the confession. Take the counsel and defend the client as best they can without mentioning that they know the client is guilty. In most jurisdictions, there is something called "attorney client privilege".

Full Answer

What do lawyers do when a client confesses to a crime?

Answer (1 of 7): As Joseph McFaul references in his answer, this very case arose in New York State in the early 1970’s. A defendant was accused of murder and during the course of discussions with his attorneys he admitted to committing three other murders. One of the attorneys conducted his own i...

What happens if you confess to a crime?

It's up to the judge or jury to determine guilt. Your job is to be candid with your defense attorney, so that he or she can present the best possible defense. By Ave Mince-Didier Please answer a few questions to help us match you with attorneys in your area. Select Your Legal Issue "In Nolo you can trust." — The New York Times Why You Can Trust Us

Can an attorney argue that you did not commit a crime?

a jury or judge finds them guilty in a court of law, or they knowingly and willingly confess their guilt to the court. Your job, as a lawyer, is not necessarily to prove that your client is not guilty, but rather to defeat the prosecution.

Why won’t my criminal defense attorney talk to me about my case?

Nov 14, 2010 · Garrow had confessed to his lawyers to killing a Syracuse schoolgirl, Alicia Hauck, and hiding her body in Oakwood Cemetery. Frank and his partner, Frank Belge, were hauled up on charges, but both...

Do criminals confess to their lawyers?

Generally speaking, if it helps your defense, the prosecution will not admit it and if it helps the prosecution, your lawyer will not admit it. So ultimately, there is no legal benefit.

Can you tell a lawyer the truth?

It is the kind of information that the client may wish to share with anyone – even their lawyer. The truth is this – a lawyer, any lawyer handling any important legal matter must have all of the facts and evidence in the case to do their job.Jun 13, 2021

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Can your lawyer lie to you?

Share: Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear.

Why do attorneys assume that their clients are guilty?

Some attorneys say that they just assume that all their clients are guilty because it helps them critically evaluate the case and decide how to present the best defense. If they allow themselves to believe that their client is innocent, they might miss out on a more compelling argument.

What to do if you are charged with a crime?

If you are charged with or accused of committing a crime, talk to a lawyer. Your lawyer is there to fight for you.

Why do criminal defense attorneys not want to talk to their clients?

Some attorneys, however, do not want to talk to their clients about the case because they do not want to be limited in pursuing a defense. ...

Why is a defense attorney not a lesser representation?

A defense attorney will not offer lesser representation simply because he or she believes the client has committed a crime. The attorney's concern is whether there is sufficient evidence to prove that you committed the crime. It is not the role of the criminal defense attorney to decide if the client is innocent or guilty.

What is the ethical standard for the American justice system?

That is a high standard, but our legal system is founded on the principle that it is better to let a guilty person go free than to wrongly convict an innocent person.

What is the focus of a criminal trial?

The focus of a criminal trial is whether the prosecutor can prove that you committed the charged crime. Your defense attorney's job is to fight for you, protect your constitutional rights, and try to show that the prosecutor's proof is lacking—no matter what your attorney's personal view of the facts may be.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Many people who are charged with committing a crime worry that, if they admit guilt or involvement to their attorney, their attorney will abandon them, sabotage their defense, or just not try very hard to get an acquittal.

How long can you go to jail for perjury?

If charged and convicted of subornation of perjury, you could face up to five years in prison and/or substantial monetary fines. While courts have been protective of the attorney-client relationship, they have been equally as protective of the sanctity of the courtroom.

What happens when you have a pretrial strategy meeting?

During your discussion, your client blatantly tells you that he is guilty of the charges against him. As his attorney, you may wonder what your legal and ethical obligations are in this situation. The United State Criminal Code and California Rules of Professional Conduct provide guidance for attorneys who find themselves struggling to come up with the answer.

Is there a presumption of innocence in California?

In California and the United States, there is a presumption of innocence. Your client is innocent unless and until: a jury or judge finds them guilty in a court of law, or. they knowingly and willingly confess their guilt to the court.

Can you suborn perjury?

As an attorney, you may not suborn perjury. Subornation of perjury is the crime of persuading, encouraging, or permitting testimony you know to be false in a legal proceeding.

How many bullets did John Wayne die from?

An autopsy later showed that three .38-caliber bullets, fired by prison guards, pierced his heart and lungs. He'd died in an escape attempt. All the time we thought he was paralyzed, bound to a wheelchair. The career of an American spree killer was over.

Who was the Syracuse detective who worked on the disappearance of Alicia Hauck?

At one point during the panel discussion, a woman in her 50s stood up in the audience. She sat next to Capt. Dick Walsh, Syracuse’s chief of detectives who had worked on the disappearance of Alicia Hauck in the summer of 1973.

Did Garrow know about the missing girls?

Her mom used to cry on those cold, rainy nights when she thought Alicia was out there. Garrow insisted at first he knew nothing about the missing girls. Later he confessed to Belge that he believed he had killed Alicia Hauck and put her body in Oakwood. As far as he knew, it was still there.

Did Frank Garrow confess to killing Alicia Hauck?

Frank still seems free of regret that he did anything wrong, more than 30 years ago, protecting a client’s confidences to his attorneys. Garrow had confessed to his lawyers to killing a Syracuse schoolgirl, Alicia Hauck, and hiding her body in Oakwood Cemetery.

When did John Garrow make headlines?

Garrow made headlines in 1973, when he eluded hundreds of police and other authorities during a massive manhunt for him in the Adirondacks. After his capture 11 days later, he confessed to his lawyers that he had killed several people, including Alicia.

When did Frank Belge get cleared?

Frank and his partner, Frank Belge, were hauled up on charges, but both were cleared by the state bar association in 1978. The case cost them both in their health, their law practices and the respect of some colleagues. Belge died in 1989 at 63.

Does Cindy Armani have grudges?

Agnes Cemetery.”. Yet, Cindy says she holds no grudges against Frank Armani. “It’s just too tiresome to be angry that long,” she commented. She also tries not to obsess about her big sister’s murder.

What happens if you don't confess to a crime?

What Happens When You Confess to a Crime You Didn’t Commit? Confessions create a lot of problems for your defense lawyer. Many jurors believe that nobody who is innocent would ever confess to a crime they didn’t commit. That assumption is incorrect, of course. False confessions happen more often than you might think.

What is a motion to suppress a confession?

Suppressing Confessions. A confession is like any other piece of evidence. Under certain circumstances, a Motion to Suppress may ensure the jury never hears about the confession. The Motion to Suppress will be successful if the attorney can show that the confession was unlawful or involuntary.

What are the types of behavior that tend to lead to involuntary confessions?

The courts classify several sorts of behavior as tending to lead towards involuntary confessions. Confessions obtained after the suspect has invoked the right to an attorney. Threats to beat or otherwise physically harm the suspect. Confessions obtained after the police have physically harmed the suspect.

Do you have to record Miranda warnings?

They must record the Miranda warning , note the number of people in the room and their identities, ensure all footage is time and date stamped, and make notes about any tech challenges that come along. Unfortunately there are some indications that this law is full of loopholes.

Do false confessions happen more often than you might think?

That assumption is incorrect, of course. False confessions happen more often than you might think. In a 2013 amicus brief, the APA noted that scientific evidence demonstrates that standard police procedure is in itself a risk factor for eliciting false confessions.

3 attorney answers

Why do you ask? There are many legal subject areas that can be constructively and effectively discussed here in the Avvo Q & A Board. Death penalty law is not one of them. There is no criminal defendant facing capital punishment without counsel. No one here is going to sharpshoot the decisions or advice of counsel in those cases...

Christine C McCall

This is a question that can only be answered by the attorney representing the defendant and then only after consulting with the prosecutor. Generally, "acceptance of responsibility" is an element that prosecutors use in deciding whether or not to seek the death penalty...

Shawn Patrick Hammond

This is not intended as legal advice to any person in Georgia. I do not practice in that state and am not licensed to do so. It is impossible to tell from your post whether or not you are asking on behalf of the accused or for some other reason. The question should be resolved between the defendant and his/her attorney.

Why can't a lawyer call your mom to the stand?

They may see how the lawyer parses his words and know that you confessed. He can't present an alibi theory. He can't call your mom to the stand to testify that you were at home the whole time.

Can a lawyer argue that some other dude did it?

The lawyer can't argue that some other dude did it. (The SODDI defense, real thing.) He can argue that the state hasn't ruled out that some other dude did it, but he can't say that some other dude probably did it!

Can a lawyer enter a not guilty plea?

Each state has an exception in its rules that allows a criminal defense attorney to enter a not-guilty plea and demand the state meet its burden, even if the lawyer knows the client is guilty.