Larkin Ingrassia Andrews Criminal Defense Attorneys | July 1, 2026 | Criminal Defense
If you’re facing criminal charges or believe you may be under investigation in Kingston, NY, one of the most important legal protections available to you is the attorney-client privilege. Many people have heard the term before, but they don’t fully understand what it means or how it works.
Attorney-client privilege allows clients to communicate openly and honestly with their lawyers without fear that those conversations will later be disclosed to prosecutors, law enforcement, or other parties. Understanding this protection can help you make informed decisions if you are facing a criminal case.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal rule that protects confidential communications between a lawyer and their client. The purpose of the privilege is to encourage honest conversations so attorneys can provide effective legal advice and representation.
In general, if attorney-client privilege applies, an attorney cannot be forced to reveal confidential information shared by a client. Likewise, prosecutors and other parties generally cannot compel disclosure of those protected communications.
This protection applies in many types of legal matters, including criminal defense cases.
When Does Attorney-Client Privilege Apply?
Not every conversation with a lawyer is automatically protected. Several requirements generally must be met for the attorney-client privilege to apply.
Typically, the communication must:
- Be between a client and an attorney
- Be intended to remain confidential
- Be made for the purpose of seeking or receiving legal advice
For example, if you meet privately with a criminal defense lawyer to discuss charges or a potential investigation, those communications are often protected by attorney-client privilege.
What Information Is Protected?
Attorney-client privilege can cover a wide range of communications. Confidential information may include:
- Discussions about criminal allegations
- Questions regarding legal strategy
- Information about witnesses
- Concerns about evidence
- Details surrounding an arrest or investigation
The protection generally applies whether the communication occurs in person, over the phone, through video conferencing, or by email.
Because every situation is different, determining whether a specific communication is protected may require a careful review of the circumstances.
What Can Waive Attorney-Client Privilege?
Attorney-client privilege can sometimes be lost or waived.
One common example occurs when a client shares privileged communications with someone outside the attorney-client relationship. If confidential legal advice is discussed in front of third parties, privilege protections may no longer apply.
For example, bringing a friend into a private meeting with your attorney or forwarding privileged emails to others could potentially affect the confidentiality of those communications.
Because of these risks, it is generally important to keep legal discussions private.
Are There Exceptions to Attorney-Client Privilege?
While attorney-client privilege is a powerful legal protection, it is not absolute.
Certain exceptions may apply under specific circumstances. One commonly discussed exception involves communications related to ongoing or future criminal activity. In some situations, communications made for the purpose of committing or concealing a crime may not be protected.
However, discussing past events, criminal allegations, or conduct that has already occurred is generally different from seeking assistance to carry out future unlawful acts.
Questions regarding exceptions to attorney-client privilege can be highly fact-specific and should be evaluated on a case-by-case basis.
Why Is Attorney-Client Privilege Important in Criminal Cases?
Attorney-client privilege plays a critical role in criminal defense cases because it allows clients to be candid with their attorneys.
When a lawyer has complete and accurate information, they are often better positioned to:
- Evaluate the strengths and weaknesses of a case
- Identify potential defenses
- Challenge the evidence presented by prosecutors
- Develop an effective legal strategy
- Provide informed legal guidance
Without attorney-client privilege, many people might hesitate to speak openly with their attorneys, making it more difficult to receive meaningful legal advice.
How Can Attorney-Client Privilege Affect Your Case?
The protection provided by attorney-client privilege can influence many aspects of a criminal case.
For example, it allows you to discuss concerns about evidence, witnesses, police interactions, and possible defenses without worrying that those discussions will automatically become part of the prosecution’s case.
Understanding the scope of this protection can help you communicate more effectively with your lawyer and avoid actions that could unintentionally waive privilege.
If you have questions about what information should be shared with your attorney, it is generally best to ask directly rather than make assumptions.
For more information, contact an experienced criminal defense lawyer at Larkin Ingrassia Andrews Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345