No matter what Sam has done, Sam is not legally guilty unless the prosecutor can prove it beyond a reasonable doubt. But Sam's lawyer cannot ethically state in his argument that Sam "didn't do it," only that the D. While the line between ethical and unethical behavior may seem like—indeed, is—a fine one, it is a line that criminal defense lawyers walk every day on the job.
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. A vigorous defense is necessary to protect the innocent and to ensure that judges and citizens—and not the police—have the ultimate power to decide who is guilty of a crime. In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime. Just because the defendant says he did it doesn't make it so.
The defendant may be lying to take the rap for someone he wants to protect, or may be guilty, but only 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 the client may have a valid defense that would exonerate him. For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime.
Instead, the lawyer uses the facts to put on the best defense possible and leaves the question of guilt to the judge or jury. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Interestingly, people never ask: "How can you prosecute someone you know to be innocent?
There is a huge difference between knowing someone is guilty and suspecting or believing they're guilty. We work under extremely strict rules of ethics and we're subject to the law. It's obviously unethical and illegal for a lawyer to deceive a court knowingly. If my client tells me he's guilty, I can't say he's innocent in court.
This means all the elements of a crime actually occurred and theoretically are satisfied, this is not the same as legally guilty.
In the criminal justice system, all defendants are presumed innocent until proven guilty through a willing and voluntary plea or the ruling by a finder of fact either a jury in a jury trial or a judge in a bench trial. Conversely, factually innocent defendants are sometimes found guilty falsely, in those circumstances the person is not factually guilty, but legally guilty regardless.
Ethics and morals — while often synonymous — have two different meanings for defense attorneys. Ethics are the strict rules put into place to protect the rights of clients, namely criminal defendants.
Morals are the nebulous rules of right and wrong. Many crimes are objectively immoral, but attorney ethics require that those accused factually guilty or factually innocent are afforded a competent and an ethical defense. Defense attorneys are able to represent those accused — even those factually guilty — of immoral crimes because of the importance that every individual have fair treatment under the law. The purpose of the criminal justice system is not just to punish those who are guilty, but even more importantly to make sure everyone has a fair trial and every opportunity for a competent defense.
Don Pumphrey and the firm have years of experience representing defendants every imaginable type of criminal case in Florida. They are dedicated to defending the rights of clients and will fight for the best possible disposition or dismissal of your case. Call or contact us today to discuss your rights during an open and free consultation with our legal team. If they want a trial, and have told us they did it, then we will do our best to try and have them found not guilty.
Whatever we might think, our job is not to decide if our client is guilty or innocent. After all, our job is to critically analyse evidence and come to logical conclusions supported by evidence. What we do is advise our client about the strength of the case against them.
Our job is to attack the case against them the best way we can, and leave the decision making to the Judge, Magistrate or jury. We are not there to judge our clients for what they might have done. We need to ensure that the sentence our client receives is the right one. And usually but not always it is higher than what we have asked for. At the end of the day, it is these competing arguments that are ultimately weighed up by a Judge or Magistrate, who sets the sentence.
Next time you might want to ask what sort of IPA is our favourite instead. Individual liability limited by a scheme approved under professional standards legislation. Website by Andrew George.
Follow Follow Follow. How can you represent a guilty person?
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