The short answer from a criminal lawyer is: it depends.

What does it depend on? Deciding what to tell your lawyer depends on a few things such as the following:

1. In criminal matters the accused is innocent until proven guilty and has a right to silence. This means that criminal lawyers will often want to view the case against the accused before seeking full instructions.

2. It is the prosecution who must prove the charge(s) to the criminal standard: beyond reasonable doubt.

3. Whilst instructions are privileged and confidential, criminal lawyers in South Australia are bound by the Australian Solicitors’ Conduct Rules which include acting consistently with those instructions.

4. The seriousness of the charges.

5. The strength (or otherwise) of the prosecution case.

At Craig Caldicott Lawyers, we take protecting the rights of the accused very seriously. That is why we will often consider the prosecution case against you before asking for your full version of events.

If your matter is finalising by way of guilty plea, we will ask for your full version of events as well as your background.

If you are intending on pleading not guilty to charge(s), it is often unhelpful to tell your lawyer everything as doing so may mean that you inadvertently make admissions against self interest.

At Craig Caldicott Lawyers, we will not usually ask you to tell us everything to begin with. What we want to know is what you told police, and whether you intend to plead guilty or not guilty.

The overall answer is, take guidance from your lawyer; they are there to act in your best interests.

Written by Solicitor Nathan Ramos