he's guilty how do i get a good lawyer

by Alberta Harber 6 min read

Crafting a Solid Defense Strategy – It helps for attorneys to know all the details of a situation. That’s the only way they are able to devise a good defense for your position. Even if you are guilty, a good lawyer can still win your case or have it dismissed based on mitigating circumstances, but only if they are aware of them.

Full Answer

Should I admit guilt to my defense attorney?

You absolutely should admit if you are guilty. Otherwise they can't help you terribly much. However, you can not expect your lawyer to lie for you. They have to do their best to find evidence to support your case, but they can not provide false evidence. Originally Answered: Should you admit guilt to your defense attorney?

Why do attorneys assume you are guilty?

These attorneys will tell you that they do not want to know everything—they want to know only what the prosecution knows. Some attorneys say that they just assume that all their clients are guilty because it helps them critically evaluate the case and decide how to present the best defense.

Should I tell my defense attorney if I'm innocent or guilty?

Even if you think it’s meaningless, tell them anyway. They’re pretty much the only person in the world you can tell without any consequences. Most defense attorneys do not care if you are innocent or guilty. In fact, most of them assume or know you are guilty already. Their job is to prove you innocent regardless or, at the very least,

How honest should I be with my defense attorney?

You should be 100% honest with your defense attorney. Tell them EVERYTHING. Even if you think it’s meaningless, tell them anyway. They’re pretty much the only person in the world you can tell without any consequences.

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What kind of lawyer defends the guilty?

Criminal Defense LawyersCriminal Defense Lawyers Represent Both the Guilty and the Innocent. In the U.S. criminal justice system, a defendant is innocent until proven guilty. The prosecutor must prove a defendant's guilt. Defendants do not have to prove their innocence.

Why do guilty people need a lawyer?

Lawyers Must Provide Zealous Representation A strenuous defense is necessary to protect the innocent and to ensure that judges and citizens have the ultimate power to decide who is guilty of a crime. The U.S. Constitution ensures every citizen due process and the right to legal counsel.

What should you not say to a lawyer?

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.

Can lawyers defend clients they know are guilty?

Yes. Defense attorneys are ethically bound to zealously represent all clients, the guilty as well as the innocent.

How do you defend someone you think is guilty?

2:413:25As if we were representing our loved ones or as we'd want to be represented. Ourselves. Because ourMoreAs if we were representing our loved ones or as we'd want to be represented. Ourselves. Because our job as defense. Advocates is not to be the jury not to decide who we want to defend.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

Will a lawyer take a losing case?

If your case isn't winnable, no lawyer will want to waste your time, or the court's time, pursuing legal action. However, if you have a case where the facts and evidence are in question, but the damages you could recover are high, an attorney with extensive experience in cases like yours might take the case.

How do you spot a liar in court?

First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.

Can a lawyer lie for you?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty. Cal.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

Factual guilt versus legal guilt

One thing you need to understand, a trial isn’t supposed to show whether a person actually did it or not. This is what we call factual guilt, and that is never the purpose of a trial. It’s about whether the prosecution can prove if you committed the crime, and that is known as legal guilt.

It is not their job to determine guilt

Like it or not, a defense attorney’s job isn’t to determine guilt. That job is assigned to the prosecution, who is charged with doing everything within their capabilities –– and within the boundaries of the law –– to prove a defendant is guilty.

Protecting the innocent

People constantly ask this question, “how can criminal defense attorneys defend guilty people?” But no one ever asks, “How can a prosecutor condemning an innocent person?” Or what if that innocent person was found guilty and unfairly sentenced to death or years of imprisonment? This is why it’s imperative for the defense lawyers to viciously defend their clients.

Self-preservation

Think of it this way, when a lawyer defends their client to their best abilities. This is also done out of self-preservation. We as humans are capable of good things, but that doesn’t mean there is no place for self-interest.

Ensuring a fair society

Protecting the rule of law is perhaps the main reason why lawyers defend their clients, no matter what. If those attorneys didn’t do that, it would be up to the police to determine the guilt of a person. They’d basically be judge, jury, and executioner because all their evidence will be accepted and admissible.

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Tips

Consider firing your attorney for doing any of the following: missing filing or court dates, refusing to give you updates on the status of your case, not answering phone calls and emails, and not being honest and forthright when you ask questions.

About This Article

This article was co-authored by Srabone Monir, JD. Srabone Monir, Esq., is an Attorney based in New York. She received her JD from the St. John's University School of Law in 2013, and has used her legal training in positions for 32BJ SEIU, the New York Legal Assistance Group, and Disability Rights New York.

How can a criminal defense lawyer defend someone who they think is guilty?

The answer is two-fold. First, there is a difference between "legal guilt" and "factual guilt." Second, lawyers have a legal responsibility to their clients that they must uphold.

What's happening in a trial

The job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime. At trial, the prosecuting lawyer's job is to prove "beyond a reasonable doubt" that you've committed the crime for which you're being charged.

What "guilty" means

In court, we distinguish between "factual guilt" and "legal guilt." The issue of "factual guilt" is not being discussed in your trial - the question of whether or not you are actually guilty.

But what if the "truth" comes out?

An important condition to this issue is that even if a client admits "guilt" to his or her lawyer, a lawyer may never truly be certain the client's guilty. The client could be lying to cover up for someone else, or other factors may be at play.

Criminal defense lawyers must provide "zealous" representation

Another reason that lawyers can defend people regardless of guilt is that our society gives each citizen the right to be vigorously defended in a court of law. The U.S. Constitution assures every citizen due process and the right to legal counsel.

Pros of Being Truthful

There are a number of benefits of telling your lawyer the truth, including:

And the Cons (Naturally!)

As with everything in life, there are also disadvantages to telling your lawyer the truth, but these are largely outweighed by the benefits. The main disadvantage is that once your attorney knows the truth, they can’t put you on the stand to testify if he knows you are going to lie, and neither will they actively lie on your behalf.

What Lawyers Say

Most attorneys agree that knowing the full details of the situation is the best way to defend a client. Even when you have been caught outright committing a crime, if your lawyer knows the truth, they can advise you on your best chances for acquittal or at least a reduced sentence.

Defending a Client who Might be Guilty

Some of the most common questions defense attorneys get ask are in regard to the potential guilt of a client: “What if your client is guilty?”, “How can a lawyer represent a guilty client?”, “What if your client confesses to you and you win?” These queries range from the existential to the practical and affect the practice of every criminal defense attorney in Florida and across the United States.

Legally Guilty vs. Factually Guilty

When a layman asks one of these questions, they are usually talking about a defendant being factually guilty of a crime. This means all the elements of a crime actually occurred and theoretically are satisfied, this is not the same as legally guilty.

Ethics vs. Morals

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.

What if a Client Confesses?

It’s important to remember when contacting an attorney that the communications are confidential. There are some fringe exceptions, but generally communications about past criminal activity are still covered under this rule, even a confession to the crime the defendant is accused of.

It's up to the judge or jury to determine guilt. Your job is to be candid with your defense attorney, so that he or she can present the best possible defense

It's up to the judge or jury to determine guilt. Your job is to be candid with your defense attorney, so that he or she can present the best possible defense.

Talking to Your Attorney About the Case

Different attorneys have different opinions on what they want their clients to tell them about the case. Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know.

Ethical Issues

The American justice system requires that the prosecutor prove guilt beyond a reasonable doubt. That is a high standard, but our legal system is founded on the principle that it is better to let a guilty person go free than to wrongly convict an innocent person.

Obtaining Legal Assistance

Whether you believe you are guilty or not, you are entitled to a fair trial and an attorney who will represent your interests. If you are charged with or accused of committing a crime, talk to a lawyer. Your lawyer is there to fight for you. You and your attorney can decide how much information to share about the facts underlying the case.

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