Last Updated on September 3, 2024
The Alcoholics Anonymous (and similar Narcotics Anonymous —NA) recovery process requires you to be open and honest about your past and to admit wrongs you made while under the influence. But is a confession made at Alcoholics Anonymous legally protected like those made to priests? The answer is complicated. Here’s what a defense attorney believes you should know before completely unburdening yourself at an AA or NA meeting.
Is AA a Religious Organization?
The problem is that AA is sometimes considered a religious organization offered religious protections when it comes to confessions at meetings, but sometimes it is not. Even Alcoholics Anonymous sends conflicting messages about whether or not they should be protected, with the website stating that it is not a religion or affiliated with any religious organization. At the same time, spokespeople have defined AA as a “spiritual organization.”
A Protected Confession made at Alcoholics Anonymous
In 2015, a murder verdict against a man who confessed in Alcoholics Anonymous was overturned by a District appeals judge in New York, who ruled that AA is a constitutionally protected religious activity. For the time being, this is a strong legal precedent for lawyers defending clients in similar circumstances, but until a case is brought before the Supreme Court, the decisions will not be legally binding in courts outside that district.
Should You Confess Everything at AA?
If you confess at an AA meeting to unsolved crimes, you always run the risk another attendee will use the information to tip the police. The police may always claim the information is from an anonymous source, so it is possible the source of the information would never be revealed, making it impossible for you to fight the use of this information in court.
The bottom line is that most criminal lawyers will advise you to avoid making confessions in any kind of anonymous treatment group, as anonymity is not the same as a legally protected space. While the religious/spiritual aspect of these groups may lend credence to the protections of confessions made in Alcoholics Anonymous, Narcotics Anonymous, Sex Addicts Anonymous, and other organizations, remember that the other members are not religious leaders and may not want to keep your secrets —especially if it concerns something like murder, rape, or child molestation.
Lawyer/Client Privilege is Always Safe
Conversations made between a lawyer and a client are unarguably protected, so if you want to unburden yourself, you can tell your attorney. On the other hand, it is worth knowing that a lawyer cannot knowingly offer false information in court, so if you tell your lawyer that you murdered someone and the case goes to court, they cannot argue that there is no way you killed that person.
If you have any questions about the limits of attorney/client confidentiality or confessions made in AA, Peter M. Liss can help. Please call (760) 643-4050 to schedule a free initial consultation.
