Can you defend someone in court

One of the most commonly asked questions I'm asked as a criminal defense attorney is "how can a lawyer defend someone who is clearly guilty of a crime such as murder"?

In the United States, we all have certain freedoms. These freedoms are provided by the Constitution of the United States. Under the Fourth, Fifth, and Sixth Amendments, we all have the right against illegal search and seizure, the right to remain silent, and the right to a speedy and public trial where you can cross-examine and confront accusers.

Regardless of being guilty or not, the Constitution of the United States gives everybody this right, even those accused of the most heinous crimes. Even if they remain silent, they are concerned that their lawyers will believe that they are guilty, and either won't want to represent them, or will do a poor job. First, understand that what's at stake in your case is whether the prosecution can prove, beyond a reasonable doubt, that you committed the crime with which you're charged.

That's a different question than asking whether you did the act that's involved. For example, if you're charged with robbery and you did, in fact, wrestle a purse from a woman on the street, you're entitled to an acquittal if the victim cannot identify you. The key is the difference between factual guilt what the defendant actually did and legal guilt what a prosecutor can prove.

A good criminal defense lawyer asks not, "Did my client do it? However, the defense lawyer may not lie to the judge or jury by specifically stating that the defendant did not do something the lawyer knows the defendant did do. On the other hand, the lawyer cannot admit guilt against the client's wishes. Rather, the lawyer's trial tactics and arguments must focus on the government's failure to prove all the elements of the crime. Example: Sam is charged with shoplifting.

Sam admits to his lawyer that he took a watch, as charged. Sam's lawyer realizes that the store's hidden camera videotape is fuzzy and practically useless as prosecution evidence. In addition, Sam's lawyer learns that the store's security guard was at the end of a long overtime shift and had been drinking alcohol.

Sam's lawyer can use these facts in an argument for Sam's acquittal. Before trial, Sam's lawyer can argue to the D. A fearless, tireless, ethical and extremely competent trial attorney. Aaron Baily Esq. I have worked with Adam in various cases during his 26 years of practice.

He's a very smart and hardworking lawyer who has great creativity and puts it to work for you. He is also very energetic, and relentless in representing his clients. When I need a great trial lawyer in New York, Adam's the one. Adam Thompson is by far the most dedicated trial attorney I have worked alongside with. I have had the privilege of working with Adam on multiple personal injury trials. His attention to every detail and unmatched work ethic have always led to a great outcome.

I strongly recommend Adam for anyone looking for a strong advocate who understands how important your case is to you. Sean Gradowitz Esq. I have worked with Adam numerous matters over the years, both in criminal defense and personal injury matters. Adam is a zealous, professional advocate for his clients.

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His opinions and advice make obvious his legal expertise and handle on the law. I recommend him without reservation. David Fraser Esq. Adam Thompson is one of the most gifted and knowledgeable trial lawyers I have ever seen. We have worked on many cases together and his input and insight is invaluable. Mike Rubenstein Esq. I have used Adam Thompson for all types of personal injury and criminal cases for my firm for over 10 years.

He is simply the best. I call him "The Master" I would recommend his service to anyone! Peter Hurwitz Esq. Adam Thompson has tried several cases for my firm. We always win, and the clients love him! He is 'The Man'! Mathew Kogler Esq. I have used Mr. Thompson's services as trial counsel on numerous cases. Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges.

Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime. Even if he says he is guilty, he actually may not be and may be lying to take the fall for someone he wants to protect. The defendant may have performed the act that they were charged with, but the client may have a strong defense that would exonerate him.

Due to these reasons, it is likely that the defense lawyer does not ask their client whether or not they actually committed the crime. Rather, a good lawyer uses facts to put on the best defense possible and leaves the question of guilt to the judge.

Criminal defense lawyers are doing their duty to defend a citizen whose rights are protected by the U. Constitution and cannot be easily taken away. If you or a loved one has been charged with a crime , it is important that you reach out to a criminal defense lawyer to help you vigorously fight your case.