what can a defense attorney do when thet are in a case when the defendant is definitely guilty

by Telly Greenfelder V 7 min read

How can a criminal defense lawyer defend someone who they think is guilty?

How can a criminal defense lawyer defend someone who they think is guilty? The answer is two-fold. First, there is a difference between "legal guilt" and "factual guilt." Second, lawyers have a legal responsibility to their clients that they must uphold.

What is a defense attorney’s duty to the innocent?

Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent. Perhaps no one has ever put the duty as eloquently as Henry VIII’s soon-to-be-beheaded ex-Chancellor Sir Thomas More, who, before going to the scaffold, insisted, “I’d give the devil the benefit of law, for mine own safety’s sake.”

What is the importance of a defense attorney in a case?

The Importance of a Defense Attorney in a Criminal Case, defendants have civil rights to ensure they are given an opportunity to argue their side of the case. Safeguards, however, are useless without someone to guarantee or police them. This is where the importance of a defense attorney comes in.

Can a defense lawyer lie to a judge at trial?

However, the defense lawyer may not lie to the judge or jury by specifically stating that the defendant did not do something the lawyer knows the defendant did do. Rather the lawyer’s trial tactics and arguments focus on the government’s failure to prove all the elements of the crime.

What do defense attorneys do when they know their client is guilty?

If the evidence is dismissed, the prosecutor could decide not to press the matter cause they have to prove that the accused was in possession of evidence that he cannot show the jury. Conversely, a defense lawyer might strongly recomend that his client take a deal in order to minimize jail time.

Can lawyers defend clients they know are guilty?

Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent.

Do you tell your defense attorney the truth?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

How can you defend someone who is guilty?

Criminal defense lawyers must provide "zealous" representation. Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

Can a lawyer refuse to defend a client?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

Can a lawyer turn against their client?

Lawyers cannot “turn” on their clients. They are duty bound to always act in the best interests of their clients and they can be disbarred if it's found they aren't. Lawyers can, however, withdraw their representation. This basically means the lawyer has “fired” their client.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What if a lawyer knows his client is lying?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

What if your client admits guilt?

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.

Is it ethical to defend a guilty client?

Criminal defense attorneys are ethically required to zealously represent their clients, no matter what their personal opinion of the case may be. This means that criminal defense attorneys are required to do their best to advocate for their clients, even if the attorney believes the client is guilty.

Can a good lawyer get you out of anything?

Most certainly, yes! A good lawyer can get you out of anything. Of course, other factors are considered other than your lawyer's performance when we talk about getting you out of anything; however, if we focus on the lawyer's performance alone, I can say that a good one will get you out of anything.

Can lawyers lie for their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

Why don't criminal defense lawyers ask if you are guilty?

The reason most criminal defense lawyers won't ask you if you're actually "guilty" is that it's not relevant to the case. Also, it's not their job to find out. Their job is to defend you, and put up a fair case. As one attorney put it, their job is to "keep the system honest.".

What is the duty of a defense lawyer?

According to Canon 7 in the ABA's Model Code of Responsibility, a defense lawyer's duty to his client is to "represent his client zealously within the bounds of the law" because of his inclusion in a profession whose goal is to " (assist) members of the public to secure and protect available legal rights and benefits.".

Why do lawyers defend people?

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel. Lawyers are bound to deliver this legal right to their clients.

What is the difference between legal guilt and factual guilt?

First, there is a difference between "legal guilt" and "factual guilt.". Second, lawyers have a legal responsibility to their clients that they must uphold.

What is the job of a criminal defense lawyer?

The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime. At trial, the prosecuting lawyer's job is to prove "beyond a reasonable doubt" that you've committed the crime for which you're being charged.

Why is it important to have a lawyer for criminal defense?

For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor.

What does "putting the burden of proof upon the prosecution" mean?

Putting the burden of proof upon the prosecution means the point of trial is all about either proving or failing to prove that you're guilty of the crime that's been charged - not knowing whether or not you're actually guilty.

Why do criminal defense attorneys not want to talk to their clients?

Some attorneys, however, do not want to talk to their clients about the case because they do not want to be limited in pursuing a defense. ...

Why do attorneys assume that their clients are guilty?

Some attorneys say that they just assume that all their clients are guilty because it helps them critically evaluate the case and decide how to present the best defense. If they allow themselves to believe that their client is innocent, they might miss out on a more compelling argument.

Why is a defense attorney not a lesser representation?

A defense attorney will not offer lesser representation simply because he or she believes the client has committed a crime. The attorney's concern is whether there is sufficient evidence to prove that you committed the crime. It is not the role of the criminal defense attorney to decide if the client is innocent or guilty.

What is the ethical standard for the American justice system?

That is a high standard, but our legal system is founded on the principle that it is better to let a guilty person go free than to wrongly convict an innocent person.

What is the focus of a criminal trial?

The focus of a criminal trial is whether the prosecutor can prove that you committed the charged crime. Your defense attorney's job is to fight for you, protect your constitutional rights, and try to show that the prosecutor's proof is lacking—no matter what your attorney's personal view of the facts may be.

What to do if you are charged with a crime?

If you are charged with or accused of committing a crime, talk to a lawyer. Your lawyer is there to fight for you.

Can an attorney argue that you did not commit a crime?

You admit to your attorney that you were smoking a joint with a group of friends. Your attorney cannot argue that you did not commit the crime. But, the attorney can argue that the prosecutor has not proved that you committed the crime.

What is the job of a defense lawyer?

The job of defense lawyers is to try to help their clients avoid being found guilty. The legal profession thinks this makes sense because there are rules to be followed in proving a case and those rules have value in themselves, even if sometimes the rules prevent a guilty person from being found guilty.

What happens if the evidence is dismissed?

If the evidence is dismissed, the prosecutor could decide not to press the matter cause they have to prove that the accused was in possession of evidence that he cannot show the jury. Conversely, a defense lawyer might strongly recomend that his client take a deal in order to minimize jail time.

What is the difference between knowing something and proving it?

There is a big difference between knowing something and proving it. A lawyer who knows a client is guilty can take steps to prevent the state from proving guilt. (E.g., motion to exclude evidence, cross examining witnesses.)

What is number 4 in public defenders?

Public Defenders fight for justice daily, in spite of item #1. Also Number 4 is a generalization about individual officers. There are in fact officers who strive to follow the law and do things correctly. The problem is that too often the system doesn't care about the officers who don't.

Who does Rule 11 not apply to?

Rule 11 does not apply to members of organized crime, drug dealers, career criminals, or potential informants. Nobody really wants justice.

Do appellate judges believe in police officers?

All appellate judges are aware of Rule 8, yet many pretend to believe the trial judges who pretend to believe the police officers. Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.

How can a criminal defense lawyer help a defendant?

Here are a few examples of how a good criminal defense lawyer can help a defendant in the early stages that may not be possible as the case progresses: The defense lawyer can negotiate with the prosecutor to have charges reduced, deferred or even dropped through something called “ early intervention “. The defense lawyer can seek the release of the ...

What is the relationship between a defense lawyer and the accused?

Establishment of Relationship. The defense lawyer should establish a relationship of trust and confidence with the accused. Defense counsel should explain the necessity of full disclosure of all facts known to the client for an effective defense, and defense should clearly explain counsel’s obligation of confidentiality.

What can a defense lawyer do?

The defense lawyer can provide advice on what plea to enter, whether to accept a plea agreement, whether to waive a jury trial, and whether the defendant should testify on his own behalf. The defense lawyer can determine which witnesses to call and how they should be examined. The defense lawyer can determine which potential jurors might be biased ...

What should a defense lawyer do if there is a disagreement on tactical matters?

If a disagreement on tactical matters between the defense attorney and the client arise, The defense lawyer should make a record of the circumstances, and the disclose the conclusion reached, in a manner that protects the confidentiality of the lawyer-client relationship.

What is the role of a defense attorney in a criminal case?

If a defendant is found guilty, the importance of a defense attorney prepares for sentencing and offers mitigating circumstances to the sentencing judge. For instance, in cases where the defendant has no criminal history, or any other mitigating circumstances, the defense attorney can make a case for the lightest sentence.

What should a defense attorney do after investigating the facts?

After investigating fully the facts and the law, the defense attorney should advise the accused with complete candor concerning all aspects of the case, including probable outcomes . The defense lawyer should not intentionally mistake the risks, hazards, or prospects of the case to influence the defendant’s decisions to plea.

Why is it important to have a defense attorney?

The importance of a defense attorney presents all of the defendant’s evidence to counter the prosecutor’s arguments and challenges all questionable assertions of facts by the prosecutor to ensure that a high burden of proof is met. Furthermore, the criminal defense lawyer challenges procedural errors and may seek to have charges dismissed ...

Why do defense lawyers set out to convince themselves of a defendant's innocence?

And many defense lawyers set out to convince themselves of a defendant’s innocence, no matter how unlikely, because such a mindset helps them make sure that they won’t subconsciously do a sub-par job out of sympathy for the victims or revulsion for their client.

What is the ideal of keeping the government honest?

Achieving this ideal means keeping the government honest: no convictions based on false or planted evidence, unreliable or lying witnesses, or confessions extracted from the accused by torture, beatings, or other forms of duress even if the accused is, in fact guilty. All that is essential for the system to work.

Why was Jeffrey Feldman disbarred?

A few years ago, Fox TV commentator Bill O’Reilly led a campaign to get California criminal lawyer Jeffrey Feldman disbarred because leaked plea bargaining sessions showed that he knew his client, child killer David Westerfield, was guilty of murder while Feldman was vigorously disputing his guilt in court. O’Reilly pronounced Feldman a liar.

What was Feldman's ethical duty?

Feldman was meeting his ethical duty to point out to the jury that the prosecution’s argument was not as conclusive as it claimed. Again, his job was to make the prosecution prove its case. Feldman did his job, and the prosecution and jury did theirs: David Westerfield was convicted.

Do defense attorneys get satisfaction when they see their clients go free?

It doesn’t produce satisfaction or joy when defense attorneys see their guilty criminal clients go free, guaranteed by the Constitutional prohibition against “double jeopardy” never to have to suffer punishment for terrible crimes.

Is the Simpson trial a fault?

Arguably every componant of the Simpson trial except the defense performed badly, and some aspects of the trial might support arguments for reform, but the failings of the rest are not the fault or the responsibility of Simpson’s defense attorneys.

What is a defense attorney?

Within the complex criminal justice system, a defense attorney serves as the defendant's guide, protector, and confidant. (At least that's how it's supposed to be.) Defense attorneys are usually grouped in two camps: court-appointed attorneys paid by the government and private attorneys paid by the defendant. ...

What does a defense lawyer do?

Defense counsel also provide more personal services by giving the defendant a reality check as to the possible outcomes and by helping the defendant to deal with the frustrations and fears resulting from being thrown into the criminal justice system. And of course, if no plea deal can be made, the defense lawyer represents the defendant at trial.

What is a court appointed attorney?

These court-appointed attorneys are either public defenders who are on government salary, or they are so-called "panel attorneys," local attorneys chosen from a panel. A small fraction of criminal defendants (approximately two percent) represent themselves and are referred to as "pro se" or "pro per" defendants.

Is a private attorney a defender?

Many private attorneys are former prosecutors or public defenders. Based on studies that evaluate the outcomes of having a private versus court-appointed attorney, data seems to indicate that the results for defendants are often the same.

Who determines the competency of a defendant?

The judge is required to determine the defendant's competency. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney.

Can a defendant represent themselves?

What is clear is that being represented by a lawyer is almost always the best option. Nevertheless, some criminal defendants represent themselves. The decision of whether a defendant can self-represent is ultimately made by the judge, not the defendant. The judge is required to determine the defendant's competency. That's because a defendant who cannot provide a competent defense cannot get a fair shake, even if the defendant is adamant about not accepting the services of a court-appointed attorney. When determining whether a defendant can go pro se, a judge will consider factors such as: