“Lawyers and judges understand that a Not Guilty plea at the arraignment, especially where guilt appears obvious, makes some people think the defendant is thumbing his nose at the public. But the plea is not designed as a legal assertion of innocence. In fact a defendant who pleads Not Guilty may be guilty or innocent.
Updated at 8 p.m. ET. The case before the U.S. Supreme Court Wednesday had a surprise plot twist. Jurors were told that the accused was guilty of a …
Apr 24, 2017 · Legal guilt - what the prosecution can prove beyond a reasonable doubt - is a criminal defense lawyer's stock and trade. This is different from whether you actually did what the police and prosecutor say you did. We'll never truly know whether you did what you're accused of doing. In fact, a lot of times, we don't even ask.
Mar 18, 2013 ·
It’s simply amazing how many people believe that if you’re not guilty of a crime you don’t need the help of a good criminal defense lawyer. It seems like every day the news is filled with stories about people who spent long periods of time in prison for crimes they did not commit.
The question is why you should hire a lawyer if you aren’t guilty. Many people believe that if they didn’t do anything wrong, even if they’re charged with a crime, they don’t need a lawyer. This belief springs from the notion that the truth will come out.
Anyone who has watched the news for the past several years has seen a string of innocent people released from prison after they were convicted for crimes they did not commit. Greg Taylor, Darryl Hunt, Alan Gell… These are but a few examples. These are men who were convicted of murder.
Justice Samuel Alito observed that "this situation has occurred" because of a number of prior steps, starting with the decision that McCoy was mentally competent to stand trial. If someone like McCoy really believes that he is being prosecuted as part of an elaborate conspiracy, asked Alito, "is he capable of assisting in his own defense?"
On Wednesday McCoy's new lawyer, Seth Waxman, told the justices the Sixth Amendment right to counsel belongs to the accused. He said it is a "personal defense" and the decision on whether to admit or contest guilt is the heart of that personal defense.
Sentenced to death. In any event, the strategy didn't work. The jury ultimately sentenced McCoy to death. The Louisiana Supreme Court upheld the decision and an infuriated McCoy, aided by a new lawyer, appealed to the U.S. Supreme Court, contending that the state had deprived him of his right to counsel.
Next up to the lectern was Louisiana Solicitor General Elizabeth Murrill. She urged the court to uphold the death penalty in this case and to create a narrow rule that would allow lawyers in death penalty cases to override their clients' instructions on questions of trial strategy if those directives would be a "futile charade" that would lead to the death penalty.
Criminal defense lawyers are committed to the process. We believe that every person, regardless of guilt, is Constitutionally entitled to a zealous legal defense. Our Founding Fathers believed that the role of a criminal defense attorney was such an important job, and so fundamentally important to a free society, that they wrote it into the Constitution. The Sixth Amendment says that the accused are entitled to "the assistance of counsel for his defense." That's us.
If you’ve been charged with a crime in Wyoming, you need an experienced team of criminal defense professionals who will work hard to give you your one and only shot at justice.