Table of Contents
Can a defense attorney hide evidence?
It used to be that defense attorneys could hide the ball, then spring evidence and witnesses on the prosecution at trial. If anything, legislatures are likely to enact more discovery requirements for the defense—and judges are likely to uphold them.
What are the most problematic types of unethical behavior that prosecutors may potentially engage in?
1.1. Failure to disclose exculpatory evidence.
Can a lawyer refuse a client?
Yes — a lawyer may, generally speaking, refuse to represent a client for any reason they choose (or no reason at all), even (in most jurisdictions) reasons that would be otherwise illegal for someone providing a public service to refuse for (such as racial, ethnic, religious, gender, or other reasons).
Can a defense attorney ask a defendant if they committed a crime?
A defendant may have done the act in question, but the client may have a valid defense that would exonerate him. For these reasons, among others, defense lawyers often do not ask their clients if they committed the crime.
Why are lawyers allowed to defend people regardless of guilt?
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.
What is a defense lawyer’s duty to his client?
According to Canon 7 in the ABA’s Model Code of Responsibility, a defense lawyer’s duty to his client is to “represent his client zealously within the bounds of the law” because of his inclusion in a profession whose goal is to “(assist) members of the public to secure and protect available legal rights and benefits.”
What is the most important thing when seeking criminal defense counsel?
For this reason, the most important thing when seeking criminal defense counsel is to find a lawyer who takes their legal responsibility seriously, and will do all they can to mount a thorough defense in your favor. How can a criminal defense lawyer defend someone who they think is guilty? The answer is two-fold.