how to battle a defense attorney challenging your credibility

How can a defense attorney discredit evidence?

So, again, the way to discredit a witness is to bring up prior inconsistent statements that they made. The way to discredit a witness is to call other witness or cross-examine other witnesses and bring up key points about your main witness's testimony and impeach them through over witness statements.

Do defense lawyers distort the truth?

While it is true that defense lawyers occasionally distort the truth, it is also true that prosecutors are equally guilty of sometimes misrepresenting the truth to win a case. Most defense and prosecutorial misconduct is an unfortunate byproduct of the adversarial process.

What are three problems defense attorneys face?

The Challenges of Defense Attorney CareersNegative Public Perception. Media coverage of crimes and suspects poses challenges for defense attorneys. ... Difficult Clients. Challenging clients and their families are often more taxing than public misconceptions, though. ... Limited Time and Resources. ... Job Pressure and Stress.

Do defense attorneys believe their clients are innocent?

Defense lawyers are ethically bound to zealously represent all clients, including those they believe will justly be found guilty, as well as those they believe are factually innocent.

Do defense lawyers lie for their clients?

There are standards in place to keep lawyers honest: they cannot lie if they do know information pertaining to their client's legal guilt, and they also cannot offer evidence they know is false. But attorney-client privilege does protect communication between attorneys and clients.

Do lawyers lie for their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

What are the ethical duties of a defense attorney?

The defense lawyer has a duty to disclose any relevant laws or rulings to the court that are directly adverse to the defendant and that have not been disclosed by the prosecutor. The defense lawyer must avoid conflicts of interests with the defendant and all other parties involved in the case.

What ethical issues do defense attorneys face?

0:464:44Ethical Issues for Defense Attorneys - YouTubeYouTubeStart of suggested clipEnd of suggested clipAttorneys are supposed to avoid any conflicts of interest when defending clients. The attorney mustMoreAttorneys are supposed to avoid any conflicts of interest when defending clients. The attorney must not represent two clients who are of opposing interests for instance co-defendants. In a criminal.

What is a zealous defense?

Zealous defense, also known as zealous advocacy, is an ethical principle for practitioners of law. The essential idea is that once a client contracts the services of an attorney, the attorney must then do everything necessary to win the case, so long as it does not violate other ethical principles for the profession.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Can your lawyer snitch on you?

As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances.

What to do if a client tells you they are guilty?

If your client confesses you are generally under no obligation to present that information to the court. Rather, you are duty-bound by attorney-client privilege to protect your client's statements and to provide a proper legal defense.

Why do defense attorneys want to put you on trial?

Defense attorneys want to put you on trial so the jury will be distracted from who is actually on trial. They don’t want to spend time on the evidence. The evidence proves their clients are guilty. On days you are scheduled for court, put a Q-tip in your pocket.

Why do defense attorneys ask the same question?

They’re hoping to obtain inconsistent or conflicting answers from the testifying officer.

Why do defense attorneys attack witnesses?

Defense attorneys will attack an officer’s credibility more often and harder than other prosecution witnesses just because you’re an officer. They know if they can raise a doubt about your credibility, it may cause a judge or jury to doubt the credibility of the entire case (remember Mark Fuhrman ?).

Why is respect important in a defense?

The respect part is the key. It frustrates a defense attorney when they’re unable to rattle you. Furthermore, your show of respect enhances your credibility with the jury.

What happens if the defense attorney insists on a jury trial?

If the defense attorney insists, he will be clearly communicating he intends to mislead the jury.

What is the job of a criminal defense attorney?

The duty of any attorney is to represent the interests of their client, and defendants are interested in getting off – regardless of whether they committed the crime.

Can a defense attorney falsify evidence?

There are rules that limit what a defense attorney can do – they can’t fals ify evidence or counsel a witness to lie, for example – but, they have no obligation to present the truth and I continuously see officers shocked when they learn this firsthand in court. Don’t blame defense attorneys.

What does a good attorney look for in a witness?

A good attorney will look into each witness that comes forth to establish his or her credibility. While most witnesses’ intentions are good, it is possible that we may uncover evidence of a number of potential factors that could affect the validity of their testimony. These factors could vary greatly, but include things such as a witness harboring a personal grudge that would taint his/her testimony, or a witness with an established history of lying, which could be very harmful to the prosecution’s case.. We can conduct background checks on a witness in an effort to establish a pattern of criminality or dishonesty. If we are able to find relevant evidence, we will use the information to discredit that witness with the jury.

Can a new witness cast doubt on the prosecution's theory?

A new witness can cast doubt on the prosecution’s theory. A quality New Jersey attorney will investigate the details of your case and available witnesses on your behalf. There are times that the prosecution can overlook a witness for a variety of reasons, or avoid a potential witness that could support your testimony. We will interview anyone who we believe may have a different insight or perspective on your particular situation. There are several types of witnesses that we may look to to create reasonable doubt:

What does the defense do when the victim testifies that he is a peaceful person?

If, for example, the victim testifies that he is a peaceful person the defense could, on cross examination, introduce evidence to dispute this testimony. If the defense were to introduce evidence that an alleged victim was the first aggressor in an assault case, for example, the prosecution could introduce evidence of the alleged victim’s character ...

What is the ability of an attorney to cross exam a witness?

The ability of an attorney to effectively cross exam a witness with regards to their character or their credibility requires that the attorney have a firm understanding of that particular witness’s background. In most cases an attorney will need to work with an investigator who can discover information beneficial to a case. While investigative fees are normally separate from legal fees, the benefit obtained from an investigation is more than worth the financial investment.

When is the character of an alleged victim admissible?

In a criminal case the character of an alleged victim is admissible when and if the accused introduces it during his testimony or the prosecution is put in a position to rebut an allegation made by the defense.

Is character evidence admissible?

While the general rule is that character evidence is not admissible, the defense or prosecution may introduce it for another purpose. This exception usually applies when a witness has engaged in previous crimes or wrongful acts. The attorney introducing this evidence would submit it under the premise that it is not meant to prove a person’s character but rather a witness’ prior knowledge, intent to commit an act, or motive to commit an act. In most situations, however, it is the prosecution attempting to introduce these previous acts against the defendant where there is no direct evidence (eye witnesses) and only circumstantial evidence that a crime occurred. While it may appear that the rules regarding character evidence are more favorable to the prosecution, it is important to understand the difference between character evidence and the ability to impeach the credibility of a witness.

Can an attorney cross examine a witness?

In the federal system, for example, an attorney is permitted to cross examine a witness regarding certain incidents in their past as long as the incident is regarding their character for truthfulness or honesty.

Do attorneys work with investigators?

In most cases an attorney will need to work with an investigator who can discover information beneficial to a case. While investigative fees are normally separate from legal fees, the benefit obtained from an investigation is more than worth the financial investment. In closing, the character and credibility of witnesses at trial is critical ...

Is a witness's arrest record admissible in Pennsylvania?

In Pennsylvania, for example, a witness’s arrest record, even a record involving a crime of di shonesty, is generally not admissible if that arrest did not result in conviction. While the defense counsel may still attempt to introduce such evidence, a court more than likely will not admit it based on the highly prejudicial information and ...

Who said the public perception of defense attorneys is all wrong?

New York, NY—Saul Bienenfeld says that in today’s criminal justice system, the public’s perception of defense attorneys is all wrong.

Is it easier to defend an innocent client?

While some attorneys might consider an innocent client easier to defend, Bienenfeld says that cases involving the wrongfully accused can actually be the most stressful. “I feel very passionate about proving my client’s innocence, to such a degree that I lose sleep thinking about my client,” he says. “There is always a slight possibility that an innocent person is charged with a crime they did not commit, and then it becomes my fault if they are found guilty.”

Why do criminal defense lawyers choose that legal subspecialty?

Ask a criminal defense lawyer why they chose that legal subspecialty and the most common answer is that nothing gets their blood going more than a case with high stakes. “Cases move faster and they’re just more interesting than civil cases,” Gates says. “There’s nothing worse than an extended conversation about Article 2 of the Uniform Commercial Code. It’s just more interesting to talk about a bank robbery.”

Why do criminal defense attorneys chastise?

While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains. In their view, that’s missing the point. In addition to making sure the scales of justice are balanced, criminal defense attorneys find satisfaction in tackling cases with high stakes.

What does it mean to keep tabs on a jury?

THEY'RE ALWAYS WATCHING THE JURY'S BODY LANGUAGE. Keeping tabs on a jury means being able to assess which direction they’re leaning. Lichtman says body language can tell him a lot. “You can feel how a trial is going,” he says. Jurors who laugh or smile at his jokes are on his side.

What is the job of a criminal defense attorney?

Criminal defense attorneys, who stand beside clients accused of everything from minor offenses to mass murder, must mount the most effective defense of their client possible no matter how heinous the crime. While their work enforces a person’s constitutional right to a fair trial, some observers chastise them for representing society's villains.

Who is the lawyer for Timothy McVeigh?

To get a better understanding of this often emotionally draining work, Mental Floss spoke with three high-profile defense lawyers. In addition to Lichtman, we talked to Chris Tritico—the subject of the first episode of Oxygen’s In Defense Of docuseries premiering June 25, and who represented Oklahoma City bomber Timothy McVeigh in 1997—as well as Bryan Gates, practicing in North Carolina. Here’s what they shared about life as a devil’s advocate.

Do attorneys have to let their feelings get in the way of a client's defense?

Some defendants have clearly committed terrible crimes, but they still have constitutional rights—so attorneys don't let their personal feelings about a crime get in the way of a client's defense.

Is it easier to defend an innocent client?

It might seem like an innocent client would be easier to defend. But according to Gates, having a strong belief that a client is falsely accused creates additional strain on the defense. “It’s very stressful because you’re really identifying with the person,” he says.

What is the relationship between a defense attorney and a client?

The defense attorney-client relationship is like no other. It’s a tie that binds two very different people caught up in a high stakes battle—over money, custody, liability, freedom—even life. A client tells defense counsel sacred secrets carried to the grave.

What drives a lawyer to take the hard cases?

The fire drives the lawyer to take the hard cases. Up against the law, the facts and power of the state, the defense lawyer gets punched in the face, pinned to the mat and pulverized by a foe endowed with endless resources. There is vanishingly little they would not do for a client in dire straits, even at the expense of people and institutions they love dearly.

What does it mean to represent clients on the wrong side of the facts?

That client’s success story, however, is an anomaly. I’ve represented hundreds of people. Often, those cases end in abject failure: convictions, lengthy sentences, unsuccessful appeals to indifferent courts. That is what it means to represent people on the wrong side of the facts, on the wrong side of the law. That is what it means when, inside and outside of the legal system, your clients are viewed as disposable. For every falsely accused, wrongfully convicted, or excessively sentenced client who prevailed against long odds, there are hundreds more languishing. Some will never get out.

Why choose to be this kind of lawyer, the one who fights for a stranger without regard to the alarm,

Why choose to be this kind of lawyer, the one who fights for a stranger without regard “to the alarm, the torments, the destruction” it visits upon others, who may be friends, family, loved ones or the victims of what your client is accused to have done? You will lose and lose and lose, and even when you win, sometimes you will lose anyway.

Is defending a client a job?

Defending a client is less a job than a siren call : “To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty,” said Brougham.