Making notes when you are the subject of a criminal investigation is dangerous. If you have read the rest of my website, you know that one of the worst things a defendant can do is provide statements to law enforcement. The statements can be twisted and can only hurt your case. The same is true for notes.
If you are under investigation for a crime, law enforcement authorities, in addition to arresting you, can get a warrant to search your person, residence and effects. That means they can seize your notes. The notes can become evidence against you.
Even if law enforcement personnel don’t get the notes, they still can be harmful to your case. It is impossible to ensure that others will not get access to your notes. Notes, like other documents, have a way of floating through the community and coming back to hurt you at trial.
Sometimes people think, “I want to make sure I tell my lawyer absolutely everything.” Or, they may think, “I want to make sure I get all my questions answered.” As long as you have a competent attorney, those should not be areas of concern. If, when meeting with your lawyer, you are concerned that you are not given sufficient time to discuss all the facts or get all your questions answered, there is a more fundamental problem: you don’t have the right lawyer.
Michael J. Bloom