Feb 07, 2018 · As criminal defense lawyers, we would like to resolve our clients’ cases successfully and quickly, so we can help you and your family to move on with your lives. Each case is different, but it’s possible that your alleged victim would like to drop the charges. Sometimes this can be done if a lawyer has a productive meeting with them.
Jun 25, 2018 · 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.
Jul 21, 2016 ·
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.
For instance, judges may typically consider factors that include the following:the defendant's past criminal record, age, and sophistication.the circumstances under which the crime was committed, and.whether the defendant genuinely feels remorse.
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.
The defense lawyer's duty to represent the defendant's interests is balanced by his duty to act in an ethical and professional manner. The defense lawyer must not intentionally misrepresent matters of facts or law to the court.Sep 26, 2012
Common mitigating factors include:Lack of a prior criminal record.Minor role in the offense;Culpability of the victim;Past circumstances, such as abuse that resulted in criminal activity;More items...•Oct 15, 2021
There are many types of sentence that a judge or magistrates can pass. They range from fines, which are given for lower-level offences, up to life sentences in prison for the most serious crimes.
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.Jan 15, 2010
The lawyer may not lie to the judge by specifically stating details about the defendant and how they did not do something, although the lawyer knows the defendant did. The lawyer cannot admit guilt if the defendant wishes not to.
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.
One of the most important tasks is to counsel the defense. Attorneys are expected to champion their clients cases, and must advise the clients of possible legal consequences involved.
Defense Attorneys develop relationships with clients as they establish legal needs, provide counsel, help them understand their legal options. Defense Attorneys also conduct research, prepare legal documents, and perform other duties to ensure that clients receive the best and most cost-effective legal solutions.
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
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.
If a defendant decides to use their lawyer's office as a confessional, their counsel is under no obligation to turn around and pass that information along to law enforcement. "If a client discloses his guilt to me, I’m obligated to do one thing and one thing only," Lichtman says. "Not let him lie on the stand while under oath."
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.
Examining a potential juror, known as voir dire, is an art. Both defense and prosecution want people in the jury box who can be swayed, though circumstances are usually stacked against the defense. "The jury is coming in ready to convict, as no one generally supports crime," Lichtman says.
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.
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.
The image of an attorney standing up next to their client as the verdict is being read is usually interpreted as a sign of solidarity , but lawyers may have another reason. Tritico says that early in his career, he took on a client charged with aggravated robbery. Despite Tritico’s advice to take a plea bargain, the man took his chance at trial—and lost. His sentence was 40 years. “I was looking at the jury as the verdict was being read and felt something moving,” he says. “He had passed out. From that point forward, I always grab my client by the arm to make sure that doesn’t happen again.”
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The key is the difference between factual guilt (what the defendant actually did) and legal guilt (what a prosecutor can prove).
Defense attorneys are ethically bound to zealously represent all clients, those whom they think will be justly found guilty as well as those whom they think are factually innocent.
Many times, defense attorneys will not call their clients to testify at these hearings, in fear that it opens their client up to cross-examination by the state. In those circumstances, the defense attorney may call other witnesses to address evidence they want the court to consider about their client without their client saying it themselves (i.e. work history, family support, character references, etc.). A way around the cross-examination concern is many defense attorneys will ask their clients to read a prepared statement, often called “allocution.” Allocution allows for a statement by the defendant, not subject to cross-examination (so long as nothing is said that is demonstrably false), and the defense can cater what is and more importantly what isn’t said — and a carefully crafted statement can be a game changer.
The reason for this choice is because if the case went to trial, the parties agreed that either there was a legal weakness in the case or the defendant declared their innocence. If you lose at trial, and you want to preserve your right to appeal successfully, many times lawyers will ask their clients not to make a statement at sentencing. Why? Because in an appeal, everything said at trial, pre-trial, and post-trial (including sentencing) is fair game to be considered. If someone speaks at the sentencing and accepts responsibility or apologies with too much specificity, that could be used against them later on appeal. However, there are limited ways a defendant can testify to show contrition without damaging a further appeal. It is essential lawyers and their clients have detailed conversations before deciding what to do in sentencing hearings post-trial.
Most of the time, a sentencing hearing follows a guilty plea hearing where there are set terms, thus requiring no argument over the range of penalty or sanction to be imposed. In those circumstances, it rarely makes sense for a defendant to speak — unless the plea itself is so lenient there is a concern the court may not accept the plea. ...
Allocution allows for a statement by the defendant, not subject to cross-examination (so long as nothing is said that is demonstrably false), and the defense can cater what is and more importantly what isn’t said — and a carefully crafted statement can be a game changer.