I'm charged for a DWI. I was given potentially misleading medical records that would get me off. Not looking for ethics lecture.

Asked over 1 year ago - Bel Air, MD

These records tie into other elements of the case so I am not planting them but are not time sensitive to that regard. However, if my lawyer puts two and two together that they could end the case before it gets to trial arriving on that conclusion on her own and asks me about the dates, can't I simply say I don't know the specifics regarding the validity, and am relying on the records themselves (because in truth I don't know the exact date). In addition these records are direct from the health care provider. Billing and Medical so there is no dissension between the two. I know this is an ethically grey area and perjurious on my end but what real consequences could I face if it does not succeed or is discovered. If she asks me can I say "I don't remember" and her still utilize it in court.

Attorney answers (3)

  1. Richard Stefan Lurye

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . You are asking for the potential consequences of misleading your attorney, misleading the court, misleading the prosecutor, committing perjury and using false and misleading evidence. You should consider that a lie is a direct communication to the listener that he is too stupid or ignorant to comprehend that you are lying to him. You should also consider that lying to a judge also is a statement that you have no respect for the judge's role as truth finder and peaceful arbiter of conflict. You should also consider that a lawyer hears a client's lie as a recklessly selfish willingness to risk the lawyer's ability to effectively represent any client effectively in the future. Potential legal consequences include complete disregard for any honest defenses you may present, increased fines, increased jail, increased probation, punishment for contempt, additional prosecution for perjury, disbarment for your attorney. Even if you eventually come to regret the deceit as time goes by, the court records and electronic recording of the court proceeding will perpetually threaten to expose you. If you are ever a witness in another case, if you are ever a victim seeking judicial relief, if you ever are charged with another crime, if you ever must go through a security clearance -- the records of this offense will continue to threaten to label you as perpetually unworthy of belief. Those of us who are daily involved in the judicial system are always skeptical of what people tell us, what documents purport to show, and exactly what evidence really means. It would be an extraordinary risk for you to deceive, or appear to deceive, and believe that you would never be bitten by such arrogance. I hope you choose wisely and I wish you well.

    This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is... more
  2. John M. Kaman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You are already represented by a lawyer but still come to this forum to second guess him. Then you say you do not want an ethics lecture and describe what you call a "perjurious" scheme and ask whether you can get caught. The answer without a lecture is yes you can get caught and if your lawyer is in on it he can get disbarred.

  3. Mark William Oakley

    Contributor Level 18

    3

    Lawyers agree

    Answered . It is only perjurious on your end if you take the stand and lie under oath. Your lawyer cannot knowingly allow you to commit a perjury, or knowingly mislead or lie to the court. However, within the parameters of the evidence, it is the State's sole burden to put on evidence to prove you guilty beyond a reasonable doubt, and your lawyer may point out all of the deficiencies in that evidence, including pointing out that the various evidence may support conclusions consistent with innocence or inconsistent with guilt, without having to assert any of that evidence is or is not accurate. It is not your burden to prove you are innocent, but the State's burden to prove that the evidence against you supports a conclusion, beyond a reasonable doubt, that you committed the offense, and that the same evidence is not also susceptible to an equally reasonable inference of innocence. Therefore, there may be an ethical way to make your argument; otherwise, you cannot do it.

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