why get a lawyer if i'm guilty?

The question is why should you hire a lawyer if you believe that you are guilty. First, it is the State’s burden to prove guilt beyond a reasonable doubt. Just because you are guilty does not mean the State is capable of proving it.

Full Answer

Why do attorneys assume you are guilty?

Seth A. Blum, Partner. The question is why should you hire a lawyer if you believe that you are guilty. First, it is the State’s burden to prove guilt beyond a reasonable doubt. Just because you are guilty does not mean the State is capable of proving it.

Should I plead guilty or not guilty to a crime?

Here are some reasons why you should consider hiring a lawyer even if you are going to plead guilty. Consider All of Your Options The prosecution or the judge will not sit down with you. They will not explain your options when you plead guilty. The prosecution is not necessarily concerned with giving you the best option for your situation.

Do lawyers ask you if you committed the crime?

Do I still need an attorney if I’m going to plead guilty? Yes! For a number of reasons: 1. Keeping your Record Clean Through A Diversion If you meet certain requirements (no prior Class A misdemeanors, no prior diversion or expungement of records), you are eligible for a diversion.

Does a defense lawyer know if the defendant is guilty?

Oct 15, 2014 · 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. Unless you have a law degree yourself, it’s unlikely that you’ll be able to recognize …

Does wanting a lawyer make you look guilty?

But any person with a solid understanding of the law knows that innocent people go to jail all the time based on information that the police obtain without the presence of an attorney, and courts understand that asking for an attorney is by no means an admission of guilt.Oct 4, 2016

Why do lawyers represent guilty clients?

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 if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Can a lawyer defend himself?

Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.

What does a DUI lawyer do?

A good DUI lawyer might even be able to help you get no jail time, even if you are found guilty.

Can a DUI be violated?

Just because you are guilty of a crime does not mean that your rights can be violated. A DUI lawyer will make sure that you are treated fairly in court and make sure that evidence that was gathered incorrectly is not admissible in court. For example, if a police officer did not administer a field sobriety test correctly, or if a lab technician did not properly store your blood sample, this evidence should not be used in court.

Can a judge sit down with you?

The prosecution or the judge will not sit down with you. They will not explain your options when you plead guilty. The prosecution is not necessarily concerned with giving you the best option for your situation. A prosecutor is just concerned with doing their job.

Even If You Are Not Guilty, You Should Still Have an Attorney in Your Corner

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.

Howard A. Kurtz, Partner

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.

Seth A. Blum, Partner

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.

1. Keeping your Record Clean Through A Diversion

If you meet certain requirements (no prior Class A misdemeanors, no prior diversion or expungement of records), you are eligible for a diversion. Diversions come in two forms: 1) Pre-trial diversion, and 2) Judicial diversion.

2. Knowing What Chance Your Case Would Actually Have

You might be thinking, “Well, I know that the police have a lot of evidence against me, so what’s the point?” Imagine that you received a DUI charge. Do you know whether the police made a lawful stop of your car? It’s possible that the evidence that would be used against you was obtained illegally and would be excluded.

3. Experienced Negotiations

a) Getting the Best Deal Possible: Imagine that a prosecutor tells you that you can plead guilty to a charge and receive ten days in jail – is that a good deal or not? The prosecutor then tells you that this deal is only good for the next few seconds.

What is attorney client privilege?

Attorney-Client Privilege – Your attorney is bound by the ethics of the legal profession not to reveal whatever you tell him without your permission. The only times this doesn’t apply is if you: Waive your right to privilege, which means you give the lawyer permission to disclose information.

Why is knowing the truth important?

Knowing the truth enables your lawyer to focus less on whether you did it or not, but on whether the court can prove you did it.

What to do if you are charged with a crime?

If you are charged with or accused of committing a crime, talk to a lawyer. Your lawyer is there to fight for you.

What is the focus of a criminal trial?

The focus of a criminal trial is whether the prosecutor can prove that you committed the charged crime. Your defense attorney's job is to fight for you, protect your constitutional rights, and try to show that the prosecutor's proof is lacking—no matter what your attorney's personal view of the facts may be.

What is the American justice system?

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.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Do criminal defense attorneys represent their clients?

Criminal defense attorneys are ethically required to zealously represent their clients, no matter what their personal opinion of the case may be. This means that criminal defense attorneys are required to do their best to advocate for their clients, even if the attorney believes the client is guilty. For more information, see Representing ...

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. Many people who are charged with committing a crime worry that, if they admit guilt or involvement to their attorney, their attorney will abandon them, sabotage their defense, or just not try very hard to get an acquittal.

Does it matter if your lawyer thinks you committed the crime? It shouldn't

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Factual Versus Legal Guilt

The key is the difference between factual guilt (what the defendant actually did) and legal guilt (what a prosecutor can prove).

Your Lawyer's Opinion

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.

What will happen when I am charged with a crime, and how do I ask for a lawyer?

For many minor offenses you will receive a court Summons. The Summons will tell you when you need to appear in court.

What if I cannot make bail?

If after 2 business days you are still in jail, the sheriff will take you to see the judge. This is called your “first appearance” or “arraignment”. This is not a trial. This hearing may be by video conference from the jail. At this hearing, you can:

What if I am denied a free lawyer but still want to get one?

You can find lawyers listed in your local phone book or online#N#(link is external)#N#. Also, the Maine Bar Association offers a lawyer referral service#N#(link is external)#N#: 1-800-860-1460. For a $25 fee, they will refer you to a lawyer who will give you a free one-half hour consultation.

What happens after a defendant pleads guilty?

After pleading guilty, a defendant can negotiate a plea deal with the judge. Plea deals aim to minimize the sentence for the defendant, usually based on no prior criminal history, good behavior, or other factors of the case. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty.

What does it mean to plead guilty?

Pleading guilty during your first hearing generally means the courts will find you guilty of the crime in question and issue a sentence. An important thing to note, however, is that a judge cannot automatically accept a guilty plea. There must be enough facts and evidence supporting the allegation that the defendant actually committed the crime before a judge can rule the defendant guilty, even if he or she is admitting guilt in the plea. This is to prevent innocent defendants from pleading guilty to crimes they didn’t commit.

What happens if you plead no contest?

If you plead no contest, the courts will convict you of the crime and give you a sentence, as would be the case if you pled not guilty. You give up your right to contest the charges or prove your innocence during a criminal trial, and the case moves directly to sentencing. Not all defendants have the option of pleading no contest, ...

What is a no contest plea?

A no-contest plea is similar to a guilty plea in that the defendant is accepting punishment for his or her actions. However, “no contest” does not mean the defendant admits guilt. Instead, the defendant is not contending the charge either way.