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Guilty of a Crime- Lawyer Question
Posted on 9/16/21 at 11:14 am
Posted on 9/16/21 at 11:14 am
The vanlife thread got me thinking. If in fact the boyfriend committed some crime, he lawyered up, and then told that lawyer everything truthfully, does the lawyer bend the facts to make the client look innocent or does the lawyer have a legal responsibility to speak the truth? Does he defend the client at all cost? I can’t imagine criminals are that smart to come up with an airtight story of innocence and then stick to said story for the rest of their lives. OJ Simpson comes to mind- his lawyers must have known the truth, but still defended his innocence.
Can someone explain, in basic terms, what a lawyer is supposed to do in these situations?
Can someone explain, in basic terms, what a lawyer is supposed to do in these situations?
15
Posted on 9/16/21 at 11:16 am to cherrycoke
quote:
what a lawyer is supposed to do
It depends
Posted on 9/16/21 at 11:17 am to cherrycoke
Nice try, ODC.
Posted on 9/16/21 at 11:17 am to cherrycoke
quote:
Can someone explain, in basic terms, what a lawyer is supposed to do in these situations?
make the prosecutor prove their case beyond a reasonable doubt.
Posted on 9/16/21 at 11:18 am to cherrycoke
quote:
The vanlife thread got me thinking.
Sure it did. Who are you planning to kill baw?
Posted on 9/16/21 at 11:25 am to cherrycoke
Being guilty is not the only factor in whether or not a defendant will be found guilty in a court of law. How was the evidence obtained? Did the police and DA follow proper procedure?
An attorney is not supposed to lie or misrepresent facts to a court of law, but he is supposed to defend his client to the best of his abilities.
If the facts are on your side, pound the facts.
If the law is on your side, pound the law.
If the narrative is on your side, pound the narrative.
If neither the facts nor the law nor the narrative is on your side, pound the table.
An attorney is not supposed to lie or misrepresent facts to a court of law, but he is supposed to defend his client to the best of his abilities.
If the facts are on your side, pound the facts.
If the law is on your side, pound the law.
If the narrative is on your side, pound the narrative.
If neither the facts nor the law nor the narrative is on your side, pound the table.
Posted on 9/16/21 at 11:26 am to cherrycoke
quote:this is where our system is clearly wrong. a lawyer cannot commit fraud on a court. that is beyond stupid and inherently contradictory.
Does he defend the client at all cost?
Posted on 9/16/21 at 11:27 am to cherrycoke
they can't knowingly make a false statement of material fact
Posted on 9/16/21 at 11:32 am to cherrycoke
You have to balance being candid with the court and zealously representing your client. Also attorney-client privilege and confidentiality protections can be spun to cover quite a bit from an ethical standpoint.
On the other hand, if you - I mean…the client - told a lawyer that he was about to commit a crime, a lawyer could probably report that to stop harm from happening to someone.
On the other hand, if you - I mean…the client - told a lawyer that he was about to commit a crime, a lawyer could probably report that to stop harm from happening to someone.
This post was edited on 9/16/21 at 11:34 am
Posted on 9/16/21 at 11:36 am to cherrycoke
Pretty sure most defense attorneys don't want to know if the client is guilty. Basically they would tell the client to not tell them, even if they were guilty.
Posted on 9/16/21 at 11:42 am to kingbob
quote:
An attorney is not supposed to lie or misrepresent facts to a court of law, but he is supposed to defend his client to the best of his abilities.
Exactly.
The attorney can't lie, but he doesn't need to anyway. Defense attorneys don't stand up in court and assert personal knowledge of their clients' innocence, because their take on that question is by its nature irrelevant.
Posted on 9/16/21 at 11:42 am to cherrycoke
quote:Drinking Cherry Coke should at least be a misdemeanor with a substantial fine.
cherrycoke
Posted on 9/16/21 at 5:53 pm to cherrycoke
Interesting questions
Posted on 9/16/21 at 6:16 pm to cherrycoke
This is kinda like a law school question without the full fact pattern. Meaning it is hard to give a concise answer to.
The vast majority of criminal defendants lie to their attorneys for a myriad of reasons. So you have to be good at reading them for the truth. There is a fine line between knowing all the facts to present the best defence and knowing enough that it hamstrings the defence. In the end, it is incredibly complex until you have a specific set of facts to address directly.
The vast majority of criminal defendants lie to their attorneys for a myriad of reasons. So you have to be good at reading them for the truth. There is a fine line between knowing all the facts to present the best defence and knowing enough that it hamstrings the defence. In the end, it is incredibly complex until you have a specific set of facts to address directly.
Posted on 9/16/21 at 6:26 pm to cherrycoke
If the glove doesn't fit.....
Posted on 9/16/21 at 6:42 pm to cherrycoke
The lawyer is bound by ethics rules. Cops, on the other hand, can lie like crazy. “Son, your partner down the hall has flipped on you and said you were the trigger man” or “We have DNA and video, so you may as well confess so that you might get a break at sentencing.” Courts say that is fair game. But if you lie to a cop you can be charged with a crime. Ask Jim Brown.
Posted on 9/16/21 at 6:45 pm to cherrycoke
"Don't fricking tell me that! Are you retarded?"
comes in handy id guess.
comes in handy id guess.
Posted on 9/16/21 at 6:56 pm to arcalades
A defendant in our system has a right to an attorney. An attorney has an obligation to mount a vigorous defense whether that defense is affirmative or otherwise. You really do want it that way
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