Can I Talk to My Friends and Family About My Florida Criminal Case?

As a Fort Lauderdale criminal defense attorney who has spent over two decades representing clients in Broward County courtrooms, I've witnessed firsthand how seemingly innocent conversations can transform into devastating evidence. The question of whether to discuss your case with loved ones is one I address in nearly every initial consultation, as it’s something all prospective clients should become educated about.

Let me be clear: conversations with friends and family members (parents, siblings, children, and closest friends) about your pending criminal case are not legally protected. Florida recognizes only a few privileged relationships where communications cannot be compelled in court:

• Attorney-client privilege (Florida Statute §90.502)
• Spousal privilege (Florida Statute §90.504)
• Psychotherapist-patient privilege (Florida Statute §90.503)
• Clergy-penitent privilege (Florida Statute §90.505)

These protections exist for good reason, but they do have strict limitations. For example, the spousal/marital privilege exists to preserve the harmony and privacy of the marital relationship. In general, spouses in Florida can’t be compelled to testify against each other in court. But there are exceptions. For example, spousal privilege may not apply when:

• The couple has divorced. 
• The spouse and/or their children are the victims of a crime allegedly carried out by the other spouse (ex: domestic violence). 
• When a marriage was entered into for fraudulent purposes. 

Depending on the circumstances, the protections may only apply to communications that were both confidential and occurred during the marriage. For example, if the conversation with your spouse occurred in front of a third party or loudly in public, it may not be protected. Also, communications related to crimes – present or future – are not privileged. And the protection only applies to utterances, not acts. 

Similarly, attorney-client privilege – the cornerstone of legal defense – also has exceptions. For example, if you tell your lawyer you plan to commit a future crime or fraud, the attorney has an obligation to disclose that information. If a third party is present during your conversation with your lawyer, the privilege may be waived. 

When you discuss your case with non-privileged individuals, the contents of these conversations become fair game for prosecutors. Consider these possible scenarios:

• A defendant facing battery charges tells his brother about "shoving, not punching" the alleged victim. The brother is later subpoenaed and forced to testify about this admission.
• Text messages between a defendant and his mother discussing "how much he had to drink" becomes key evidence in a DUI case.
• In a recorded jail call, a defendant tells his girlfriend to "get rid of that thing in the garage," leading to additional obstruction of justice charges.

Florida courts have affirmed that statements made to family members can be admitted as evidence under hearsay exceptions for party admissions. This precedent has been consistently applied throughout Florida courts.

Today's communication landscape introduces additional complexities. Consider:

• Social media posts about your case can be discovered and used against you.
• Group texts or emails expand the audience of potential witnesses.
• Video calls may be recorded by participants without your knowledge.

Florida courts have found that defendants’ Facebook messages discussing his case were admissible evidence, despite privacy settings.

Beyond direct testimony from loved ones, there's another significant risk: third-party informants. In the landmark case United States v. Henry, the U.S. Supreme Court addressed government use of informants but left substantial room for "jailhouse snitches" to testify about overheard conversations.

The old World War II saying, “loose lips sink ships” refers to valuable information falling into the hands of enemy spies, but the same principle applies in criminal cases. It doesn’t matter if the people you’re talking to about your case are your friends. Any time you share details about your case with other people, you expand the circle of potential witnesses against you. Florida has seen numerous cases where defendants discussed their charges with cellmates or acquaintances who then traded this information for favorable treatment in their own cases. 

As Fort Lauderdale criminal defense lawyers, we understand the immense emotional burden of those who are facing criminal charges. The instinct to seek support from loved ones is natural and human. Isolation during such a stressful time can take a severe psychological toll.

This doesn't mean you must cut yourself off completely. Instead, consider these balanced approaches:

1. Limit case discussions to your attorney, where full privilege applies.
2. When speaking with loved ones, focus on emotions rather than facts: "I'm feeling anxious" rather than "I'm worried about what the witness might say."
3. Remind supportive family members that they could be called to testify, placing them in an impossible position.
4. Consider professional mental health support, where psychotherapist-patient privilege protects most discussions.

Temporarily limiting your communications ultimately leads to better outcomes. The right to remain silent extends beyond police interrogations. It’s valuable practice throughout your case.

As your case progresses, your defense attorney can guide you on what information becomes public record and safe to discuss. Until then, remember that protecting your case means being thoughtful about every conversation.

While these limitations feel burdensome, they serve an essential purpose: preserving your best chance at a favorable resolution. Your attorney’s defense strategy depends on carefully controlling what information enters the court record. With proper guidance and discipline, you can maintain meaningful connections while protecting your legal interests.

If you have recently been arrested in Fort Lauderdale, call The Ansara Law Firm at (954) 761-4011 immediately for a free initial consultation.