If an inmate writes to a lawyerand reveals details of a crime, if they decide not to hire that lawyer can that information be used against them?

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If an inmate writes to a lawyerand reveals details of a crime, if they decide not to hire that lawyer can that information be used against them?

Asked on July 11, 2011 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer depends upon whether or not the letter that the inmate wrote to the lawyer was written out of the blue to the lawyer or was written as part of an intended or possible attorney-client relationship.

If the attorney is to possibly represent the inmate as an attorney, the lawyer most likely could assert the attorney-client privilege for not disclosing what was stated in the letter about the details of the crime, or the inmate could. If so, the letter could be inadmisisble for any future proceeding.

However, if the attorney received the letter in the mail from the inmate referencing the details of the crime, had not idea who this inmate was or why the letter was sent out of the blue, then the contents of the letter could be used against the inmate in a criminal proceeding if the attorney informs law enforcement about it.


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