The truth may be uncomfortable, but in a criminal case, hiding it can make a difficult situation much worse.
There is a reason doctors ask uncomfortable questions about your health, your medications, your alcohol consumption, and your medical history. They cannot properly treat a condition if they do not know what they are dealing with. Leaving out important information can lead to the wrong diagnosis, the wrong treatment, or a preventable complication.
The same principle applies when you hire a criminal defense attorney.
Your attorney needs to know the truth about your situation—even when you think that truth is embarrassing, damaging, or difficult to admit. If you are facing criminal charges in Pennsylvania, the last thing you want to do is make it harder for your own lawyer to defend you by withholding information, minimizing what happened, or telling a version of events that is not accurate.
There is a third person you should never lie to: yourself.
You cannot make good decisions about your future if you refuse to acknowledge the reality of your circumstances. Denial may provide temporary comfort, but it does not make evidence disappear, erase a criminal record, or resolve a substance abuse problem.
I understand that people facing criminal charges are often frightened, embarrassed, angry, or overwhelmed. You may be worried about your job, your family, your reputation, or the possibility of going to jail. You may believe that admitting certain facts will make your situation worse.
But there is an important distinction between telling the truth to your attorney and making statements to the police or other investigators. You have constitutional rights, including the right to remain silent. You should exercise those rights and consult an attorney before answering investigative questions about a suspected crime.
Your attorney cannot protect you from facts they do not know. And you should never assume that concealing those facts will make them disappear.
1. Never Lie to Your Doctor
Imagine going to a doctor because you are experiencing chest pain. The doctor asks whether you take prescription medication, use recreational drugs, drink alcohol, smoke, or have a history of heart problems.
If you lie because you are embarrassed, the doctor may make decisions based on incomplete information. A medication interaction may go unnoticed. A critical symptom may be misunderstood. A potentially dangerous condition may go untreated.
The doctor is not asking those questions to criticize you. The answers help the doctor determine what is happening and how best to help.
Criminal defense works in much the same way.
Your attorney needs a complete picture of your circumstances to identify potential defenses, assess the prosecution’s evidence, anticipate problems, and advise you about your options.
If you tell your lawyer only the facts you think will help you, you are asking that lawyer to make important decisions with an incomplete picture of your case.
And unlike a medical condition, a criminal case may involve deadlines, evidence that can disappear, witnesses whose memories change, and decisions that cannot easily be undone.
2. Never Lie to Your Criminal Defense Attorney
Your attorney is not there to decide whether you are a good person. Your attorney is there to represent you, protect your legal rights, evaluate the evidence, and help you navigate the criminal justice system.
That does not mean your lawyer can make every problem disappear. It means your lawyer needs accurate information to determine what can be challenged, what risks exist, and what strategies are legally and ethically available.
Consider some common examples.
Lying About Your Prior Criminal Record
You might tell your attorney that you have never been arrested or convicted, even though you have a prior case.
Perhaps you believe the record was expunged. Maybe the case was dismissed. Perhaps you received probation, completed an accelerated rehabilitative disposition program, or were told years ago that the matter would no longer appear on your record. You may sincerely believe the prior case is irrelevant. But an arrest, a charge, a conviction, and an expungement are not the same thing. Different dispositions have different legal consequences, and not every record is automatically erased simply because a case is old or you completed a program.
In Pennsylvania, certain records may qualify for expungement or limited access under specific legal procedures. Eligibility depends on the circumstances and applicable law. You should not assume that a record has been erased without verifying its actual status. Many expungements just block public access to the records but are still accessible to the prosecution. Additionally, your driving record is not normally expunged and will show prior license suspensions and DUIs.
Why does this matter?
Your prior record may affect sentencing exposure, bail, eligibility for certain diversionary programs, the prosecution’s position during negotiations, or other aspects of your case. Depending on the circumstances and the rules of evidence, some prior conduct may also become relevant to particular legal issues. Many counties may automatically deny you a diversionary program like ARD for not being forthright about your prior record on the program application form, even if that prior case would not have prevented you from being accepted into the program.
If your attorney believes your record is clean and later discovers otherwise, that attorney may have made recommendations without understanding your actual circumstances.
For example, your lawyer might discuss a potential resolution with you based on an incorrect understanding of your eligibility for a diversionary program. Alternatively, your attorney may be caught off guard when the prosecution raises a prior case.
That is an avoidable problem.
Tell your attorney about every prior arrest, charge, conviction, diversionary program, probation sentence, and case you believe was expunged or sealed. If you are uncertain about the outcome or status of an old case, say so. Your attorney can help determine what the record actually shows and what legal significance it has.
Do not decide for yourself that a prior case does not matter.
Lying About What Actually Happened
Suppose you are charged with assault after an argument. You tell your attorney that the other person attacked you without provocation and that you never touched them. Later, your lawyer learns from a video, a witness, or another source that you did make physical contact. Perhaps you pushed the other person. Perhaps you threw the first punch. Perhaps you were defending yourself, but the confrontation unfolded differently from how you initially described it.
The issue is not whether you are entitled to defend yourself. You absolutely are entitled to a defense. The issue is whether your attorney has been given an accurate account of the events. A defense lawyer needs to understand the facts that help you and the facts that may hurt you. That includes the parts you would prefer to leave out.
If your attorney knows about the physical contact from the beginning, the lawyer can investigate the full circumstances, examine whether self-defense or another legal issue applies, identify weaknesses in the evidence, and prepare for the prosecution’s likely arguments. If your attorney discovers the contact unexpectedly during a hearing or trial, there may be little time to adjust the strategy. The same principle applies if you leave out a threatening text message, a heated exchange, a prior confrontation with the alleged victim, or something you said immediately after the incident.
Your attorney does not need a sanitized version of the story. Your attorney needs the real version.
Lying About What You Are Actually Charged With
You might tell your lawyer that you are facing a simple traffic citation when the paperwork includes a criminal charge. You might describe an incident as a minor misunderstanding without mentioning that the police also filed charges involving alleged threats, drugs, or resisting arrest.
Sometimes people do not understand the charges. Other times, they deliberately minimize them because they are frightened about what the charges might mean.
Either way, the actual charging documents matter.
In Pennsylvania, the legal consequences of a summary offense, a misdemeanor, and a felony can be very different. Even charges arising from the same incident may carry different potential penalties, collateral consequences, and defense issues.
Your attorney needs to review the actual citation, summons, complaint, criminal information, or other relevant paperwork—not merely rely on your description of it. Provide every document you have received. Tell your lawyer about every charge you know of, every upcoming court date, and every communication you have received from law enforcement or the court.
Never assume a charge is unimportant because you think it will be dismissed or because someone told you it was a minor matter.
Lying About Alcohol or Drug Use
This is particularly important in DUI cases and other criminal matters in which impairment may be relevant.
Suppose you are charged with DUI in Pennsylvania. You tell your attorney that you had only one drink before driving. In reality, you had several drinks, took a prescription medication, or used another substance earlier that evening.
You may believe that admitting the truth will destroy your defense. You may worry that your attorney will judge you or refuse to help you. But your lawyer needs to understand the actual circumstances to evaluate the evidence. The amount and timing of alcohol consumption, the use of prescription or nonprescription medications, and other substances may matter when examining the prosecution’s theory, toxicology results, field sobriety testing, blood or breath testing, and the circumstances of a traffic stop.
For example, an accurate timeline may help your attorney evaluate whether a chemical test reliably reflects your condition at the relevant time. Your attorney may also need to investigate whether a medical condition, medication, testing procedure, or other factor affects the prosecution’s evidence.
None of these facts automatically establishes a defense. Their significance depends on the evidence and the applicable law. But your attorney cannot properly evaluate them if you conceal them.
The same principle applies if you are charged with public intoxication, drug possession, assault, or another offense in which substance use may be relevant.
Tell your lawyer what you consumed, approximately how much, when you consumed it, and whether you took any medication or other substance. If you cannot remember precisely, say that rather than inventing a more favorable timeline.
Your attorney can help you understand the legal implications without needing you to pretend the incident happened differently.
Lying About a Drug or Alcohol Problem
There is an important difference between occasional substance use and a pattern of use that has begun to affect your life.
Perhaps you have been drinking more than you admit. Maybe you use drugs to cope with stress. Possibly you have experienced blackouts, struggled to stop using a substance, or previously attended treatment. You may be afraid that acknowledging a problem will make the court view you negatively. But concealing a substance use problem can prevent your attorney from evaluating whether treatment, an appropriate diversionary option, or another lawful resolution might be worth exploring.
Depending on the charges, your history, your eligibility, and the court’s requirements, treatment or rehabilitation may be relevant to certain outcomes. Pennsylvania has programs and procedures that may provide alternatives in some circumstances, but participation and eligibility are not guaranteed.
Your attorney cannot investigate those possibilities if you insist there is no problem when there is one.
Being honest about substance use may also help your lawyer advise you about practical steps you can take now. If appropriate, treatment may support your health and stability regardless of the outcome of your criminal case.
You do not need to pretend that everything is under control to deserve legal representation.
Lying About Evidence That Could Hurt You
Perhaps you deleted text messages after an argument. Maybe you sent an angry message to the alleged victim. You may have posted something on social media that looks bad out of context, or a friend has a video of the incident.
You might be tempted to avoid mentioning any of it.
Do not.
Your attorney needs to know about potentially damaging evidence so that the lawyer can assess its authenticity, context, admissibility, and significance.
A message that appears incriminating may have additional context. A video may not show the entire incident. A witness may have misunderstood what happened. Evidence that initially looks harmful may be less damaging than you fear.
But your lawyer needs time to investigate.
Never delete, alter, conceal, or destroy evidence because you are worried about what it might show. Do not ask anyone else to do so for you. Tell your attorney what exists and follow the lawyer’s advice about preserving relevant materials.
Hiding evidence can create additional legal problems and make it more difficult for your lawyer to protect you.
Lying About What You Told the Police
Another common mistake is failing to disclose what you said during a police encounter.
You might tell your attorney that you remained silent when, in fact, you answered questions. You may leave out an admission, a denial, an explanation, or a statement that differs from your current account. You may believe those statements were harmless or that the police could not have recorded them.
Your attorney needs to know what you said, approximately when you said it, who was present, and whether the conversation was recorded or documented.
Statements may become important evidence. They may also raise questions about the circumstances in which they were obtained, whether your rights were respected, and whether the statements are accurately characterized.
Your attorney cannot evaluate those issues without knowing what happened. If you have already spoken to the police, be honest with your lawyer about that conversation. Do not try to make your earlier statements match your present account.
Lying About Witnesses and Other People Involved
You might leave out the fact that a witness is a close friend, that you had a previous dispute with the alleged victim, or that someone else was present during the incident.
You might also tell your attorney that a witness supports your account when you have not actually spoken to that person about what they saw.
These details can matter. Your attorney may need to investigate potential bias, credibility, inconsistencies, and whether a witness actually has firsthand knowledge. Never assume that a detail is irrelevant simply because it seems personal or embarrassing. Give your attorney the names of people who may have relevant information and explain what you genuinely know about their involvement. Do not coach witnesses, pressure them to change their accounts, or encourage anyone to give false information.
3. How Lying to Your Attorney Can Damage Your Defense
The individual examples above share a common problem: when you provide inaccurate information, your attorney may make decisions based on facts that are not true.
That can have several consequences.
Your attorney may miss a defense. An accurate account of an incident, a medical issue, a witness’s involvement, or the circumstances of a police encounter may reveal an avenue worth investigating.
Your attorney may give you unrealistic advice. A recommendation based on an incorrect criminal history, an incomplete account of the evidence, or a misunderstanding of the charges may not accurately reflect your options.
Your attorney may be caught unprepared. Unexpected evidence can force your lawyer to reconsider a strategy under time pressure or respond to a development that could have been anticipated.
Your attorney may be unable to assess a proposed plea agreement properly. Evaluating a plea requires understanding the charges, potential penalties, evidence, criminal history, and consequences beyond the courtroom. Missing facts can distort that assessment.
Your credibility may become an issue. If your account changes repeatedly, it may be more difficult to investigate your case and prepare for testimony if you choose to testify. Inconsistencies may also be used by the prosecution where legally admissible.
You may lose opportunities to address problems early. When your attorney knows the full picture, the lawyer can investigate promptly, preserve evidence, identify legal issues, and explore available options before important deadlines pass.
None of this means that an unfavorable fact automatically makes you guilty or that every mistake will ruin your case. Criminal charges must still be evaluated under the applicable law and the evidence. But hiding facts makes that evaluation harder than it needs to be.
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John Gentry, Esq.4. Your Attorney Is Not the Police, the Prosecutor, or the Judge
One reason people lie to their attorneys is that they are afraid of being judged.
They assume that if they admit to something embarrassing, their lawyer will think less of them. They may worry that the lawyer will become angry, refuse to represent them, or tell someone else.
It is understandable to feel uncomfortable discussing sensitive matters. But a confidential attorney-client relationship exists so that clients can seek legal advice and communicate candidly within the protections and limitations of that relationship.
Generally, confidential communications between a client and their attorney for the purpose of obtaining legal advice are protected by attorney-client privilege. The precise scope of that protection depends on the circumstances. Not every fact is privileged merely because you tell it to a lawyer, and important exceptions and limitations exist.
Your attorney can explain how confidentiality applies to your case.
The critical point is that you should discuss the facts of your case privately with your own lawyer, rather than hide information out of fear or disclose it to investigators without understanding your rights.
Your lawyer’s role is not to approve of everything you have done. It is to provide competent, lawful representation.
There are also limits to what a lawyer can do. An attorney cannot knowingly present false evidence, knowingly assist fraud, or help a client commit perjury. If you tell your lawyer that you intend to testify falsely, the lawyer may have ethical and legal obligations that affect how the representation proceeds.
That is another reason to be candid from the beginning. Your attorney can explain your options and advise you about the consequences of different choices before the situation becomes more complicated.
5. Never Lie to Yourself
Honesty with your attorney begins with honesty with yourself.
When people face criminal charges, denial can be a powerful response. You might tell yourself that the police have no evidence, that the prosecutor will automatically dismiss the case, that your prior record no longer exists, or that your alcohol or drug use is not a problem.
Sometimes the evidence really is weak. Sometimes a charge can be challenged successfully. Sometimes a case is dismissed. But you cannot responsibly assume those outcomes before the facts and law have been evaluated.
Lying to yourself can lead you to ignore court dates, delay hiring an attorney, fail to preserve evidence, disregard legal advice, or reject a reasonable option because you do not want to acknowledge the risks.
It can also keep you from recognizing a problem that needs attention.
If substance use contributed to an incident, you can acknowledge that possibility without conceding every element of a criminal charge. If you made a mistake, you can take responsibility for your actions without giving up your constitutional rights. If the evidence looks unfavorable, you can face that reality while still insisting that the prosecution meet its burden of proof.
These things are not mutually exclusive.
You can be honest about what happened and still insist on a fair defense.
Facing reality is not the same as giving up. It is the first step toward making informed decisions.
6. What If You Have Already Lied to Your Attorney?
If you have already withheld information or given your attorney an inaccurate account, the best course is to address it promptly. Do not continue the deception because you are embarrassed about the first conversation. A second lie does not fix the first one.
Arrange a private conversation with your attorney. Explain what you previously said, identify what was inaccurate or incomplete, and provide the correct information to the best of your ability.
For example, you might say:
“I need to correct something I told you earlier. I was embarrassed and worried about how it would affect my case, so I did not give you the complete story. I want to explain what actually happened so you can advise me properly.”
You do not need to know the legal significance of every fact before telling your lawyer. That is part of the reason you hired one. If you are unsure whether a prior case was expunged, tell your attorney that you are unsure. If you cannot remember how much you drank, say so. If your recollection has changed, explain why rather than pretending you have always remembered the same details.
If you are concerned that a conversation might not be confidential, ask your lawyer how to communicate securely and what protections apply.
And if you have already given false testimony, submitted false documents, or taken steps to conceal or destroy evidence, tell your attorney promptly so that the lawyer can advise you about the legal implications and appropriate next steps. Do not try to fix the situation by creating another false statement or destroying additional material.
The sooner your attorney understands the problem, the better positioned the lawyer is to advise you within the bounds of the law and professional ethics.
7. How to Prepare for an Honest Conversation With Your Criminal Defense Lawyer
You do not need to have every answer at your first discussion. You do need to be willing to provide the information you have and acknowledge what you do not know.
Before meeting with your attorney:
- Gather your paperwork. Include citations, charging documents, bail paperwork, court notices, and documents relating to prior cases.
- Write down the timeline. Record what you remember before, during, and after the incident. Distinguish what you personally remember from what someone else told you.
- Disclose your criminal history. Include old cases, prior convictions, diversionary programs, probation, and records you believe were expunged or sealed.
- Identify potentially relevant evidence. Tell your attorney about messages, photographs, videos, recordings, medical records, and possible witnesses. Preserve relevant materials.
- Be accurate about alcohol, drugs, and medication. Include what you consumed, approximate quantities, timing, prescriptions, and any relevant history.
- Explain what you told law enforcement. Include statements you made during questioning, traffic stops, searches, or other encounters.
- Ask questions. If you do not understand a charge, a proposed resolution, or a possible consequence, ask your attorney to explain it.
You do not need to make your story sound better. You need to make it as accurate as possible. There are times either due to intoxication, medications, medical conditions, or injuries that recollection of facts may be difficult. If that is the case it is best to just say that as needed.
Frequently Asked Questions
Can my criminal defense attorney report me if I admit that I committed a crime?
There is no blanket rule that an attorney must report a client merely because the client privately admits past criminal conduct. Confidentiality and privilege generally protect qualifying communications made for legal advice, subject to applicable exceptions and limitations. However, a lawyer’s obligations can change in situations involving future crimes, ongoing misconduct, false evidence, or other circumstances governed by professional conduct rules. Ask your attorney how confidentiality applies to your specific situation.
Should I tell my attorney about an old arrest if I was never convicted?
Yes. Tell your attorney about it and explain how the case ended, if you know. An arrest is not a conviction, and an arrest alone does not establish guilt. Nevertheless, the underlying incident, the disposition, or related records may be relevant to certain issues. Your attorney can determine whether the matter has any legal significance.
What if I think my record was expunged in Pennsylvania?
Tell your attorney about the case and that you believe it was expunged. Do not assume that the record was expunged simply because you completed a program, the charges were dismissed, or a certain amount of time passed. Even many expunged cases are still able to be seen by the court or prosecution, as the expungement may only block public access. Your lawyer can help verify the disposition and the status of the record.
Will admitting that I was drinking or using drugs make my DUI defense impossible?
No. Admitting substance use does not automatically establish every element of a DUI offense or eliminate every possible defense. The legal significance depends on the charge, the evidence, the timing, the testing, and the applicable Pennsylvania law. Your attorney needs accurate information to evaluate those issues.
What if I have a substance use problem but do not want the court to know?
Discuss the issue privately with your attorney before deciding how to proceed. Your lawyer can explain what information may be relevant, what confidentiality protections apply, and whether treatment or another option may be appropriate.
Can I tell my attorney the truth but still plead not guilty?
Yes. A not-guilty plea is not a declaration that you have never made a mistake. It preserves your ability to contest the charges and require the prosecution to prove its case. Your attorney can advise you about the available defenses, the evidence, and the legal and practical consequences of your choices.
What if the evidence against me looks overwhelming?
Tell your attorney about everything you know, including the evidence you believe is most damaging. Your lawyer can independently assess its reliability, admissibility, context, and legal significance. Do not assume that an apparently strong case is impossible to challenge, and do not assume that a case will automatically be dismissed because you disagree with the allegations.
What if I am embarrassed about something I did?
Tell your attorney anyway. Embarrassment is understandable, but it should not prevent you from obtaining accurate legal advice. Your attorney needs the facts to evaluate your case and explain your options.
Can my lawyer help me if I actually did what I am accused of doing?
Yes. Criminal defense attorneys represent people accused of crimes, including people who may have committed some or all of the alleged conduct. A lawyer can protect your constitutional rights, examine the prosecution’s evidence, challenge legally insufficient or improperly obtained evidence, evaluate potential defenses, advise you about plea options, and help you understand possible consequences. The attorney must do so within the law and professional ethics rules.
The Bottom Line: Give Your Attorney the Truth, Not the Story You Wish Were True
When you are facing criminal charges, you may feel pressure to minimize your actions, hide your past, or convince yourself that certain facts do not matter.
Resist that temptation.
Do not lie about your criminal history because you believe it was expunged. Do not leave out important facts about an incident because you are ashamed. Do not misrepresent what you were charged with, what you consumed, what you told the police, or what evidence exists. And do not hide a substance use problem that may affect your health, your decisions, or the options available in your case.
Your attorney cannot change the past. But with accurate information, your attorney can evaluate the case more effectively, identify issues that deserve investigation, explain the risks, and help you make informed decisions about the future.
You deserve a defense based on the law and the evidence—not one weakened by information your own lawyer never received.
Never lie to your doctor. Never lie to your attorney. And never lie to yourself.
If you are facing criminal charges in Delaware County or elsewhere in southeastern Pennsylvania, let me help you understand your rights, evaluate your options, and navigate the criminal justice process.
Call to discuss your situation confidentially and learn how an experienced criminal defense attorney may be able to help.
This article is for general informational purposes only and is not legal advice. Every criminal case is different. The information in this article does not create an attorney-client relationship. Consult a qualified Pennsylvania criminal defense attorney about your specific circumstances.