Criminal defense attorneys’ job is to assist their clients in navigating a thorny and complicated system while still presenting their side of the story as effectively as possible. If a criminal defense lawyer were to judge a client’s guilt or innocence, they would be siding with the prosecutor, which would undermine the American judicial system’s checks and balances.
Opposing forces produce the strongest results. Guilt is a factual matter that can only be decided by a trier of fact, such as a judge or jury after competing sides have presented each side of the argument aggressively.
A criminal defense attorney, of course, will never ask a client if they are guilty. The only way to get around this is to ask the client what he or she believes the government can prove.
If the defendant informs the criminal defense lawyer that they believe the prosecution can assert facts that prove their guilt, the lawyer can discuss the options with the client, such as pleading guilty or reaching an agreement.
If the client insists on making the trier of fact, it is their option, and the criminal defense attorney’s task is to present the facts to the client in the most favorable way possible, as well as to clarify the implications of doing so.
When criminal defense lawyers have clients who tell them to just “make it up,” they always refuse.
Even lawyers, especially those who practice in areas other than criminal law, have difficulty grasping this definition. However, if you believe in the American judicial system, which is a prerequisite for successful involvement, it’s critical to play your assigned position with the expectation that the right and just outcome is more likely when all participants perform their assigned functions.
The criminal defense lawyer’s job is to get people acquitted even when they are guilty :
There is a very significant difference in law between factual guilt – having done the thing accused of – and legal guilt. Some may think the difference inappropriate, if you did the crime you are guilty.
For many factors, the distinction is important. The rule of law is the most significant of these. When you’re convicted, the government’s whole arsenal is used against you, whether you did it or not.
It’s important that they’re used in a way that doesn’t violate your rights.
What is the reason for this?
Because the rule of law requires all to follow the law, including the government and the police. If they don’t, the proof they obtained as a result of violating the law shouldn’t be held against you.
So, even though you are factually guilty, you cannot be found legally guilty because the cops violated the law in order to obtain the proof.
Another significant difference is that you might have hit someone, possibly seriously injuring or killing them, but only because they struck you and you retaliated with equal abuse. You may be guilty of manslaughter in fact, but you aren’t criminally responsible because you were legally defending yourself.