On countless occasions we have been told by inmates in jail that they were talking to another inmate about their case and that other inmate told them x, y and z about what they should do. They consider these other inmates “their friends” or “people they can trust,” rather than jailhouse snitches. This is true of clients awaiting trial at a local jail or those already sentenced and awaiting the results of an appellate or a post-conviction relief motion. Be aware! Talking to anyone other than your attorney about your criminal case can cause serious problems for you and will rarely be beneficial to you.
First, these “friends” are not attorneys and not educated or experienced in handling criminal cases on behalf of others. For them to give you advice on the law is like going to an accountant to give you medical advice on having your leg amputated – you know it will be the wrong advice, it will be painful and it surely will not end well. Same is true of someone who is not an attorney giving you legal advice, it will most likely be the wrong advice, which will lead to you making poor decisions that will result in your case not ending well. The point is, listen to your attorney. If you disagree with something he or she is telling you to do or simply don’t understand why or what the attorney is telling you, then ask questions. One tip clients find helpful is to write down the questions as they think of them and bring them with them for their attorney visit on a later date. That way clients leave their attorney meeting feeling as if all of their questions have been answered.
Second, other inmates or people who you do no really know are not your friends and can not be trusted. An example is appropriate here. An inmate gets a copy of his “discovery,” that is, all of the police reports and evidence against him. The inmate goes to another inmate who he thinks is his “friend” and asks him to review the evidence and tell him what to do in his case. In the meantime, the “friend” reviews all the evidence, calls up his attorney and lies to him or her saying that another inmate confessed to a crime and he would like the attorney to tell the police and prosecutors so that he gets a sentence reduction. The attorney will typically ask the inmate detailed questions to make sure that the inmate is not making up the confession. Meanwhile, the inmate has read all of the discovery and other evidence so he knows what details are important and has memorized the entire case. The attorney tells the police and the prosecutor who then interview the inmate and believe him. Next thing you know, the inmate gets a sentence reduction for testifying “truthfully” against the other inmate. This happens all too often.
So next time you are tempted to talk to someone else about the facts of your criminal case, do not! Speak to your attorney and only your attorney. If your attorney is not answering the questions you ask, then ask them again until you have a satisfactory understanding of the answer. It may not be the answer you want to hear, but if the attorney is properly qualified, then you will know that the answer is coming from a legal professional, not someone who is trying to get a sentence reduction on their own case.