Here at Greco Neyland, we understand the impulse to try to clear your name with your family or friends even before you try to clear your name in the courts. 

Nobody wants to be humiliated and accused in front of their loved ones. 

Unfortunately, talking to friends or family members can harm your case. 

Here’s everything you need to know about the consequences of sharing information. 

Your Words Can be Used Against You 

When people hear “anything you say can and will be used against you in a court of law,” they tend to assume the phrase refers to any words you share with police officers.

In truth, the Miranda warning refers to any words you share with almost anyone else. 

The prosecution can subpoena any family member or friend and force them to relate those words back to a courtroom. If any of them incriminate you in any way, you could undermine your entire case. 

Remember that you don’t know everything about the prosecution’s theory of the crime. You don’t know when a seemingly innocuous statement could provide the nail in your coffin. 

Social Media is a Trap 

Whatever you do, do not vent about your case on social media or jump in to correct the record when people gossip about you. 

Social media can be printed and entered into evidence. That moment you spent popping off and clapping back can be twisted around to tell a different story than the one you think you are telling. 

Just turn off social media for the duration of your case. Delete your account if you have to, but do not log in. 

Understanding Privileged Communication

Your communications with your lawyer are privileged, meaning your lawyer can’t be forced to reveal what you said to them. There are exceptions even to attorney-client privilege, but generally, it’s safe to talk to your attorney privately.   

Limited spousal privilege exists but is not always absolute. A spouse can be forced to testify if you’re charged with a crime against the other spouse, are charged with a crime against your children, are charged with committing a crime against a third party while committing a crime against the other spouse, are asked to testify about matters pre-dating the marriage, or if you are charged with human trafficking. 

Limited medical privilege does exist when discussing matters with your medical provider, and limited patient confidentiality does exist with your therapist. Nevertheless, there are situations where they can be forced to reveal information. 

Clergy privilege does exist. You may be able to talk to your priest. Your communication with your clergy member may be privileged if you have a private conversation with your clergy member and have a reasonable belief that the clergy member is acting in his or her professional or spiritual capacity. Statements made to a clergy member during administrative or disciplinary meetings do not apply, and clergy members must report suspected child abuse. In addition, you waive privilege if the clergy member testifies as a character witness. 

Ask your attorney before making confessions or incriminating statements to your therapist, clergy member, or doctor. 

Your Lawyer Won’t Share Information Either 

Sometimes friends and family members pester defense lawyers hoping they’ll get information about the case. They may pester you to give consent for you to do so. 

We cannot talk to your loved one about your legal defense even if that person is paying for it. In fact, the attorney-client privilege can be waived or lost if privileged communications are revealed or disclosed to others. 

Answering Concerns 

When your friends and family members ask questions, simply say, “My attorney is handling it.” If you want to emphasize your innocence, you can say, “I’m pleading not guilty, and that’s all I can say.” 

Neither of these phrases can be used against you in any productive way, so they’re safe enough to say. They also help to shut the door on further inquiries.

If your loved one is in trouble, the best thing you can do is help to deflect or eliminate questions aimed in their general direction. Help them keep their information confidential to give them a better chance at staying out of jail.

See also: 

Is it a Good Idea to Take a Polygraph if Accused of a Crime in Houston, TX? 

How Social Media Can Impact Your Houston, TX Criminal Case

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case

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Here at Greco Neyland, we understand the impulse to try to clear your name with your family or friends even before you try to clear your name in the courts. 

Nobody wants to be humiliated and accused in front of their loved ones. 

Unfortunately, talking to friends or family members can harm your case. 

Here’s everything you need to know about the consequences of sharing information. 

Your Words Can be Used Against You 

When people hear “anything you say can and will be used against you in a court of law,” they tend to assume the phrase refers to any words you share with police officers.

In truth, the Miranda warning refers to any words you share with almost anyone else. 

The prosecution can subpoena any family member or friend and force them to relate those words back to a courtroom. If any of them incriminate you in any way, you could undermine your entire case. 

Remember that you don’t know everything about the prosecution’s theory of the crime. You don’t know when a seemingly innocuous statement could provide the nail in your coffin. 

Social Media is a Trap 

Whatever you do, do not vent about your case on social media or jump in to correct the record when people gossip about you. 

Social media can be printed and entered into evidence. That moment you spent popping off and clapping back can be twisted around to tell a different story than the one you think you are telling. 

Just turn off social media for the duration of your case. Delete your account if you have to, but do not log in. 

Understanding Privileged Communication

Your communications with your lawyer are privileged, meaning your lawyer can’t be forced to reveal what you said to them. There are exceptions even to attorney-client privilege, but generally, it’s safe to talk to your attorney privately.   

Limited spousal privilege exists but is not always absolute. A spouse can be forced to testify if you’re charged with a crime against the other spouse, are charged with a crime against your children, are charged with committing a crime against a third party while committing a crime against the other spouse, are asked to testify about matters pre-dating the marriage, or if you are charged with human trafficking. 

Limited medical privilege does exist when discussing matters with your medical provider, and limited patient confidentiality does exist with your therapist. Nevertheless, there are situations where they can be forced to reveal information. 

Clergy privilege does exist. You may be able to talk to your priest. Your communication with your clergy member may be privileged if you have a private conversation with your clergy member and have a reasonable belief that the clergy member is acting in his or her professional or spiritual capacity. Statements made to a clergy member during administrative or disciplinary meetings do not apply, and clergy members must report suspected child abuse. In addition, you waive privilege if the clergy member testifies as a character witness. 

Ask your attorney before making confessions or incriminating statements to your therapist, clergy member, or doctor. 

Your Lawyer Won’t Share Information Either 

Sometimes friends and family members pester defense lawyers hoping they’ll get information about the case. They may pester you to give consent for you to do so. 

We cannot talk to your loved one about your legal defense even if that person is paying for it. In fact, the attorney-client privilege can be waived or lost if privileged communications are revealed or disclosed to others. 

Answering Concerns 

When your friends and family members ask questions, simply say, “My attorney is handling it.” If you want to emphasize your innocence, you can say, “I’m pleading not guilty, and that’s all I can say.” 

Neither of these phrases can be used against you in any productive way, so they’re safe enough to say. They also help to shut the door on further inquiries.

If your loved one is in trouble, the best thing you can do is help to deflect or eliminate questions aimed in their general direction. Help them keep their information confidential to give them a better chance at staying out of jail.

See also: 

Is it a Good Idea to Take a Polygraph if Accused of a Crime in Houston, TX? 

How Social Media Can Impact Your Houston, TX Criminal Case

5 Mistakes You Need to Avoid in Your Houston, TX Criminal Case

AWARDS & RECOGNITION
TESTIMONIALS

Rated 5/5 based on 52 customer reviews

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Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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