Legal Question in Criminal Law in Texas

If someone who is incarcerated write a letter to a lawyer, and in that letter reveals details of the crime, but in the end decide not to hire tht lawyer, can that information be later used against them?


Asked on 7/11/11, 5:54 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

When anyone meets with a lawyer to discuss a case, there is an attorney client privilege that attaches to the communications whether or not the person is ever charged, and whether or not the person hires that lawyer or another or none. The lawyer cannot give the person advice on how to commit or cover up a crime and may have a duty to report an ongoing crime. But, if the person is simply revealing the details of a past offense, then the privilege will prevent the lawyer from revealing the information.

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Answered on 7/11/11, 6:03 pm


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