Can a defense attorney say no?

Criminal Defense Attorneys Represent Both the Guilty and the Innocent. Criminal justice system, a defendant is innocent until proven guilty. Defendants who have committed the act that forms the basis of their criminal charge often wonder if they should inform their lawyers. Even if they remain silent, they worry that their lawyers think they are guilty and don't want to represent them or do a bad job.

If you have the same concerns, remember, a criminal defense attorney's job is to defend you guilty or innocent and protect your constitutional rights. And they do it every day for both guilty and innocent defendants. The prosecutor must prove the defendant's guilt. Defendants don't have to prove innocence.

Understand that what is at stake in your case is whether the prosecution can prove beyond a reasonable doubt that you committed the crime of which you are accused. That's a different question than asking yourself if you did the act that involves. For example, if you are accused of theft and, in fact, stole a purse from a woman on the street, you still have the right to an acquittal if the victim cannot identify you. The key is the difference between factual guilt (what the defendant actually did) and legal guilt (what a prosecutor can prove).

A good criminal lawyer doesn't ask: Did my client do it? if not, can the government prove that my client did it? No matter what the defendant has done, he is not legally guilty until a prosecutor offers sufficient evidence to persuade a judge or jury to convict him. Your lawyer's job is to develop a defense strategy, not judge you. Defense lawyers are ethically obliged to zealously represent all clients, those who believe they will be justly convicted, as well as those who believe they are innocent in fact. Vigorous advocacy is needed to protect the innocent and ensure that judges and citizens, not the police, have supreme power to decide who is guilty of a crime.

In truth, the defense attorney almost never really knows if the defendant is guilty of an accused crime. Just because the defendant says he did it doesn't mean that's the case. The defendant may be lying to take the blame of someone they want to protect. Or the defendant could be guilty, but of a different and lesser crime than the one being prosecuted by the district attorney.

A defendant may have done the act in question, but have a valid defense that would exonerate him. For these reasons, among others, defense attorneys often don't ask their clients if they committed the crime. Instead, the lawyer uses the facts to present the best possible defense and leaves the question of guilt to the judge or jury. What defense lawyers can't do is lie to the judge or jury.

For example, a lawyer cannot specifically claim that the defendant did not do something that the lawyer knows the defendant did. Nor can the lawyer admit guilt against the client's wishes. Instead, the defense lawyer will focus his tactics and arguments in the trial on the government's lack of proof of all elements of the crime. If you are suspected or charged with a crime, contact a criminal defense attorney as soon as possible.

Even if you plan to talk to the police, you may want to consult with an attorney first. Your lawyer can guide you through the criminal justice process and help you understand your rights. Start Here to Find Criminal Defense Lawyers Near You. D) These Standards are intended to address the performance of criminal defense lawyers at all stages of their professional work.

Other ABA criminal justice standards should also be consulted for more detailed consideration of the performance of criminal defense attorneys in specific areas.

criminal defense lawyers

are important in our society because they ensure that people who have been accused of crimes receive a fair defense. This is an essential part of our judicial system and helps protect the rights of citizens. A criminal defense lawyer must know all aspects of a case and be able to give his client a voice so that he can be heard in court.

If you or someone you know has been charged with a crime, seek legal assistance from a criminal defense lawyer. The legal team at Exum Law Offices is made up of experienced professionals who are ready to help you. This issue was considered by the California Supreme Court in People v. In that case, a client in a pending criminal matter disclosed to his lawyer the location of physical evidence related to the crime for which the client had been charged.

The lawyer had his investigator go to the disclosed location where the investigator found the evidence, removed it and handed it to the lawyer. The lawyer, in turn, handed him over to the police without revealing the source of the information that led to his discovery or the place where the evidence was found. This opinion is issued by the Standing Committee on Responsibility and Professional Conduct of the California State Bar Association. It is not binding on the courts, the California State Bar, its Board of Governors, any person or court in charge of regulatory responsibilities, or any member of the State Bar.

D) Defense counsel should not use means that have no substantial purpose other than to embarrass, delay or burden, and not use methods to obtain evidence that violates legal rights. At each stage of representation, the defense attorney must take the necessary steps to make a clear and complete record for possible review. H) In a jurisdiction that has an intermediate appellate court, the appellate defense lawyer should normally continue to represent the client after the intermediate court issues a decision if new appeals are likely to be filed, unless a retention agreement provides otherwise, a new lawyer is replaced or a court allows it advice to withdraw. When witness assistance is required, defense counsel should try to minimize the time witnesses should spend waiting in the process.

(ii) When the defense lawyer reasonably believes that the contraband is not related to a pending criminal investigation or prosecution, the lawyer may take possession of the contraband and destroy it. When appearing before a jury, defense counsel should not knowingly refer to or argue on the basis of facts outside the record, unless such facts are matters of common public knowledge based on ordinary human experience or are matters of which a court can clearly take judicial note, or are facts that the lawyer reasonably believes that it will be entered into the registry in that proceeding. E) Defense counsel must be punctual in attending court, filing motions, briefs and other documents, and dealing with opposing counsel, witnesses and others. At trial, the investigator, faced with the defense counsel's objection, was forced to testify in connection with his observation of the location of the evidence.

In retained private relationships, lawyers extensively interview their clients before making a decision to take a case, before agreeing to represent the client. A defense lawyer who acquired confidential information about a person when the lawyer was formerly a prosecutor should not use such information in representing a client whose interests are adverse to that other person, unless the information has become generally known or ethical obligations of confidentiality and loyalty otherwise don't apply. H) The defense lawyer must not declare or imply that his compensation is for any unethical or secret influence. The defense attorney should advise against a guilty plea at the first appearance, unless, after speaking with the client, a prompt disposition is clearly in the client's best interest.

B) Defense lawyers must not allow their professional judgment or obligations with respect to the representation of a client to be adversely affected by loyalties or obligations to other clients, former or potential; by the obligations of the client of their legal partners; or by their personal political interests, financial, business, property, or other interests or relationships. D) Strategic and tactical decisions should be made by the defense attorney, after consulting with the client when feasible and appropriate. If the defense lawyer reasonably determines that there is no legal obligation to disclose physical evidence held by the lawyer to law enforcement authorities or others, the lawyer must treat the physical evidence in a manner consistent with ethical and other standards and the law. A) At the beginning of the representation, and throughout the processing of the case, the defense lawyer should consider possible problems that could affect the sentence.

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