How Do Lawyers Deal with Guilty Clients

Some of the most frequently asked questions of criminal defense lawyers relate to a client`s potential guilt: “What happens if your client is guilty?”, “How can a lawyer represent a guilty client?”, “What happens if your client confesses to you and you win?” These questions range from existential to practical and concern the practice of every criminal defense attorney in Florida and the United States. In some circumstances, this can pose an ethical dilemma, but the way the criminal justice system is set up prevents there from being a problem on a day-to-day basis. Another way of looking at this is that the defense attorney almost never really knows if the accused is guilty of the crime he is accused of. Just because the accused says he did it doesn`t mean it`s the way it is. The accused may lie to take rape for someone he wants to protect, or he may be guilty but guilty of a different and lesser crime than the one pursued by the district attorney. For these and other reasons, many defense lawyers never ask their clients if they committed the crime. Instead, the lawyer uses the facts to defend himself in the best possible way and leaves the question of guilt to the judge or jury. Many people accused of a crime fear that if they confess their guilt or involvement to their lawyer, their lawyer will abandon them or not get an acquittal. Even if the accused remains silent, he fears that his lawyers will believe that he is guilty.

It is important to understand what is at stake and whether the prosecution can prove beyond any doubt that you committed the crime you were accused of. Private criminal defense lawyers and defense lawyers are committed to achieving the best possible outcome for their clients. There are important details in cases where you, as a defendant, understand and know your rights in the Constitution. Much of this is based on the removal of evidence. The more you can discredit, the more you can get away with it. It`s actually difficult, but not impossible. Think of Kasey Anthony (Casey), where prosecutors tried to prove that a mother murdered her daughter and disposed of the body. Here, the fact that the girl was dead and Anthony`s initial statements were blatant lies was suspicious from the beginning.

but the accounts from the testimonies, evidence, and media were so bizarre and widespread that it was difficult to tell the exact chronology of events. The mother went out, even though much of the nation was pretty sure they had done it because no one could understand what had really happened. Yes. The key is the difference between factual guilt (what the accused did) and legal guilt (which a prosecutor can prove). A good defense lawyer does not ask, “What did my client do?” but “What can the government prove?” No matter what the accused has done, he is not legally guilty until a prosecutor has provided enough evidence for a judge or jury to convict. However, the defense attorney cannot lie to the judge or jury by explicitly stating that the accused did nothing that the lawyer knows the defendant did. Instead, the lawyer`s tactics and arguments focus on the government`s inability to prove all elements of the crime. In court, a distinction is made between “factual guilt” and “legal guilt”. The issue of “factual guilt” is not addressed in your trial – the question of whether you are actually guilty or not. What is discussed in court is legal guilt: can the prosecution present enough evidence to prove the charges against you “beyond a reasonable doubt”? “Beyond a reasonable doubt” is a high standard designed to complicate sentencing — and rightly so, since the American country operates on the idea of “innocent until proven guilty,” an idea that, while not explicitly expressed in U.S.

law, comes from the old law and is supported by the Constitution`s 5th, 6th, and 14th Amendments. The government cannot deprive you of your life, liberty, or property until it has established your clear legal guilt. In the United States, there was a case recently: police obtained an arrest warrant to attach a tracking device to the car of an alleged drug dealer. The tracking device disappeared, most likely the suspect took it with him. Police received a search warrant for his home, saying he likely stole the device and evidence could be found in his apartment. They ransacked his house and found a lot of evidence of drug trafficking. Before you establish trust with your lawyer, you`ll ask yourself two things: Although Phillips and Feldman have given their clients the best possible defense, their experience suggests that defense attorneys risk their reputation and perhaps their career if they give everything for obviously guilty clients If my lawyer knows I`m guilty, my lawyer can plead in court, that I should not be found guilty? It is important to remember when communicating with a lawyer that the communication is confidential. There are a few marginal exceptions, but in general, communications about past criminal activity always fall under this rule, even a confession of the crime of which the accused is accused. As we have seen above, this should not interfere with the representation of an ethical, experienced and professional criminal defense lawyer. There is a caveat that a defense lawyer with a client who has confessed cannot later allow a witness to testify to a fact that he or she knows to be false, which would apply to an accused testifying in court. However, it is common for an accused to confess to a lawyer that he is indeed guilty, but is subsequently found not legally guilty.

This may result from deferral programs, exclusion of evidence, arguments in court regarding intent or credibility, etc. Ultimately, when the government cannot prove its point, the criminal justice system is designed to find that accused not guilty. It is crucial, when accused of a crime, to investigate all possible solutions to the case and find a lawyer who does not focus on factual guilt, but on legal guilt. .