Client confidentiality is one of the oldest practices available to professionals. Within Colorado criminal law, it is considered a fundamental right to all. Within the legal space, the attorney-client privilege protects clients from self-incrimination, as is stated within the 5th Amendment. This protection is what allows criminal defense lawyers to have a professional relationship with their clients – without it, no client would be able to trust their attorney.

How does this apply when you have to speak to your lawyer from jail? Even when not explicitly stated, many people in prison carry the expectation that any call, letter, or email they make outside the facility will be closely monitored. Much like a police offer would state at the time of arrest, anything the client says can be used against them. Under Colorado Law, the prosecution can not use recorded conversations between a client and his attorney in court, but the chance still exists for a bystander to hear some passing information that can make it to the prosecution’s office.

Finding Your Privacy

You should always be under the impression that your phone call is being recorded or monitored in some way when speaking with your criminal defense lawyer. You can ask jail personnel about how far the confidentiality goes between you and your lawyer when planning a phone call. The evolution of phone technology has also made it so that accessing all phone calls made at prisons and jails is possible with the right knowledge. On the other side of the call, criminal defense attorneys are required to motion the Judge involved with the case to review any calls made before the District Attorney can access them. There are two exceptions to attorney-client confidentiality. First is when the lawyer and the client conspire together to commit a crime. Second is when the client tells his lawyer that he is planning to commit a crime.

If you find yourself with a criminal charge in Denver, or know someone in jail who requires an expert criminal defense attorney, contact Miller Leonard, PC, today. Our years of experience on both sides of the courtroom allow us to provide qualified representation and fight for our clients.


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